HC pats officer but refuses to intervene

The Lucknow Bench of the Allahabad High Court on Friday declined to interfere in the matter of suspension of IAS officer Durga Shakti Nagpal

The Lucknow Bench of the Allahabad High Court on Friday declined to interfere in the matter of suspension of IAS officer Durga Shakti Nagpal,but appreciated the action taken by the IAS officer against illegal mining in Noida and asked the state government to file an affidavit regarding the status of illegal mining after her suspension.

A Bench of Justices Devi Prasad Singh and Ashok Pal Singh was hearing a PIL,filed by social activist Nutan Thakur,wherein she had urged the court to issue directions to the Government of India for stepping into the matter of suspension of Nagpal as well as to issue direction to the Chief Secretary of the Uttar Pradesh to revoke Nagpals suspension.

However,the judges observed that it is not open for the court to interfere in the matter as the issue of suspension of the officer is between the government and the public servant and Nagpal has not approached the court.

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The court,appreciating Nagpals work,said she bravely exercised her jurisdiction to seize 24 dumpers and stopped illegal mining in Noida,arrested 15 alleged offenders and formed Special Flying Squad to check the menace. But in order for the court to interfere in the matter of suspension of Nagpal,the judges observed that the officer herself will have to approach the court. The court further said in case the ecological balance is disturbed by illegal mining,affecting the course of the river,then it is a matter of great concern not only for the government but also for the higher judiciary.

The court instructed UP Additional Advocate General Bulbul Godiyal to apprise the court about how many people were arrested,how many dumpers seized and how many FIRs lodged against illegal mining after Nagpal removal.

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