Press Esc to close
Sunday 28 May 2017
News updated at 2:49 AM IST

SC dismisses contempt plea on IAS officer Nagpal's suspension

New Delhi, Aug 26, 2013 (PTI): 14:13 IST
The Supreme Court today dismissed a plea for initiating contempt proceedings against the UP government and its Chief Minister for suspending IAS officer Durga Sakthi Nagpal, who had cracked down on the sand mafia in Gautam Budh Nagar.

The petition filed by an advocate had contended that the officer had only complied with the orders of this court in demolishing the illegal structure and the decision of state government to suspend her amounts to contempt.

However, a bench comprising justices H L Dattu and S J Mukhopadhaya said nothing is there to show that there is wilful and deliberate contempt by any of the alleged contemnors (state authorities).

"How does the action of state government amounts to contempt," the bench asked and noted that the authorities by themselves have not taken any decision relating to the apex court's orders on preventing unauthorised construction of religious buildings on public land.

The bench also said that the contempt petition has been filed too early when the state government has not taken final decision on the charge sheet issued to her.

The bench said the stage of contempt would only arise after the officer files response to the charge sheet and the state government takes a final decision.

The petition, filed by advocate M L Sharma, had also named Chief Secretary Javed Usmani, working Chief Secretary Aalok Ranjan and the Centre as respondents.

The petition had contended that action against 28-year-old Nagpal was in contempt of the apex court order on preventing unauthorised construction of religious structures on public land.

"Following the Supreme Court direction is not an offence that has been performed by the officer concerned," he had said.

Sharma had moved the contempt petition after his PIL seeking reinstatement of Nagpal, a 2010 batch IAS officer, and quashing of all proceedings against her was dismissed by the apex court on August 16 on the ground that he had no locus to move court in that regard.

The sub-divisional magistrate was suspended on July 27 ostensibly for ordering demolition of the wall of an under construction mosque in a village in Noida without following the due process.

The petition had sought judicial review of the suspension order and said, "Nagpal's victimisation is a new low in a long process of the subversion of bureaucracy."

The Uttar Pradesh government had on August 4 served a charge sheet on the officer, asking her to submit an explanation for her conduct.

Go to Top

Photo Gallery
Prime Minister Narendra Modi shakes hands with his Mauritian counterpart Pravind Kumar Jugnauth...

Prime Minister Narendra Modi shakes hands with his Mauritian counterpart Pravind Kumar Jugnauth...

Congress president Sonia Gandhi pays tributes to first prime minister Pandit Jawaharlal Nehru...

Congress president Sonia Gandhi pays tributes to first prime minister Pandit Jawaharlal Nehru...

Congress vice president Rahul Gandhi meeting the victims of Saharanpur caste violence at...

Congress vice president Rahul Gandhi meeting the victims of Saharanpur caste violence at...

A Policeman in action against stone pelters during violent clashes which erupt following the...

A Policeman in action against stone pelters during violent clashes which erupt following the...

Delhi Deputy Chief Minister Manish Sisodia addressing a press conference in New Delhi...

Delhi Deputy Chief Minister Manish Sisodia addressing a press conference in New Delhi...

Congress activists took out a rally in Kolkata on Saturday, demanding improvement in law and...

Congress activists took out a rally in Kolkata on Saturday, demanding improvement in law and...

Youth Congress organised Beef Festivals in front of Ernakulam BJP office in Kochi...

Youth Congress organised Beef Festivals in front of Ernakulam BJP office in Kochi...

Spiritual leader the Dalai Lama confer the Avalokiteshvara Empowerment from the Main Tibetan...

Spiritual leader the Dalai Lama confer the Avalokiteshvara Empowerment from the Main Tibetan...

The completely damaged house where two militants including a top commander of Hizbul Mujahideen...

The completely damaged house where two militants including a top commander of Hizbul Mujahideen...

A group of protesters who have blocked the road near the scene of a fierce gunbattle between...

A group of protesters who have blocked the road near the scene of a fierce gunbattle between...

Like us on Facebook

Copyright 2017, The Printers (Mysore) Private Ltd., 75, M.G Road, Post Box 5331, Bengaluru - 560001
Tel: +91 (80) 25880000 Fax No. +91 (80) 25880523
Powered by Yodasoft Technologies Pvt. Ltd.