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Updated: August 17, 2013 02:09 IST

Court rejects plea against Durga Shakti’s suspension

Legal Correspondent
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IAS officer Durga Shakti Nagpal. The Supreme Court on Friday refused to entertain a PIL seeking reinstatement of the suspended IAS officer. File photo
IAS officer Durga Shakti Nagpal. The Supreme Court on Friday refused to entertain a PIL seeking reinstatement of the suspended IAS officer. File photo

The Supreme Court on Friday declined to entertain a public interest writ petition that sought a direction to quash the order of suspension of and the charge sheet filed against Uttar Pradesh IAS officer Durga Shakti Nagpal.

A Bench of Justices H.L. Dattu and M.Y. Eqbal questioned the locus standi of advocate Manoharlal Sharma to file the petition. It said it might consider the plea if she (Ms. Nagpal) herself approached the court. It told the petitioner that the officer could take care of herself and she could also approach the other authorities, including the court, against the suspension order, and dismissed the petition.


Mr. Sharma contended that the government order was unconstitutional, arbitrary and lowering the constitutional systems as well as against orders of the Supreme Court. On September 29, 2009, this court directed that henceforth no unauthorised construction should be carried out or permitted in the name of temple, church, mosque or gurdwara on public streets, public parks or other public places. All States and the Union Territories had taken necessary steps to ensure that no further unauthorised constructions were undertaken and the court’s directions were seriously and meticulously complied with.

The petitioner said Ms. Nagpal was posted in Ghaziabad as a sub-divisional magistrate (SDM) in September 2012, and then got appointed as SDM of Gautam Budh Nagar. When she visited Kadalpur village, she found encroachment on the government land and under political hand a construction of a mosque upon public land. She immediately stopped the construction work and directed that the encroachment be removed immediately. Subsequently she was victimised, suspended and chargesheeted.

When a school girl fell from the school bus and died at Chennai, the
court came forward to render justice by taking up a case based on news
reports. There are more cases like this in the history of this land.
Now when an IAS officer is suspended under questionable circumstances
an enthusiast from the public has come forward to be in the side of
justice and the victim; but the court has rejected the plea and says
that she can defend herself. In my opinion this decision is wrong on
two counts. In the first place it has devalued a PIL (any one can have
interest on anyone and the state administration in particular). Next
it says that it is onus on the victim to take care of himself/herself
(like what TADA said). This is also not correct. The argument that she
is from a family of IAS officers and can care for herself does not cut
much ice as the question here is not about taking care of somebody;
but upholding justice.

from:  D. Darwin Albert Raj
Posted on: Aug 17, 2013 at 13:15 IST

In this case we dont enter PIL because He/She performs his/her duties
that effect she suspended though she is innocent.Better to go CAT.

from:  siva
Posted on: Aug 17, 2013 at 08:58 IST

The massive support that the honest officer received made one believe that justice will be
secured in the case. The PIL is only to sensitize the Court that its own orders have been
carried out and that there has been miscarriage of justice. But law and justice are the same.
Some of our laws are archaic and do not go with the times.

from:  G. Narayanaswamy
Posted on: Aug 16, 2013 at 16:58 IST

SC has done the right thing.

She is from a family of IAS and can take care of herself. This case is related to her only and there is no need to file a PIL in this case.

You can file a PIL for curbing the illegal sand mining, but not for suspension of an officer.

There are tribunals like CENTRAL ADMINISTRATIVE TRIBUNAL to deal these kind of matters. She has been issued a chargesheet, she'll reply to that.

And SC is right in saying “The moment she approaches the court, we will hear her plea and we may pass an interim order.”

SC have other cases too to deal with.

Posted on: Aug 16, 2013 at 16:24 IST

This is nothing short of mockery on what a PIL is by the justice
system of our country! It is in the best interest of the nation to
have righteous and inculpable officers in our bureaucracy. And when
this is at stake, it is the right of any concerned citizen to raise
the alarm and question the purport of the unfortunate happenings with
a noble intent to appropriately address the wrong done.

Do note the PIL is filed by a noteworthy advocate whose credentials is
well recognised as one who is more than aware of our judicial system.
The PIL seeks to address the wrong done to a government official while
in post ... not any ordinary neighbour,friend or relative. The PIL
seeks no personal gratification. So how then can the SC flippantly
brush it aside!

from:  Karthik
Posted on: Aug 16, 2013 at 15:15 IST

From this it is clear that no one likes honest officer in India whether
it parliament or apex court every one want his/ her own benefit from
politician, who care about the honesty and other useless thing which do
not have any value these day. So be careful whenever you to want to take
any honest decision and that is related to our politician vote bank
whether it suits our country /society or not does not matter because in
democracy only our representative is supreme.

from:  Neha Sharma
Posted on: Aug 16, 2013 at 15:10 IST

makes sense, she should file it herself. Applaud here for her bravery, but only she can go the whole mile in this case...

from:  am blore
Posted on: Aug 16, 2013 at 14:55 IST

It is too bad .the court denied duty .

from:  Eknath
Posted on: Aug 16, 2013 at 14:51 IST

Justice is in chaos.PIL is undefined one to suit judges' interpretation.Few have privileges to file PIL to market their career. No honest businessmen and govt servant will file case against govt which will ruin their life forever. In real life, judiciary's commission and omission promote corruption,abuse of power and criminals. Spirit of justice evaporated. Many times judges cowardly surrendered to power and terrorise law abiding citizens.
Chief Justice must take corrective action to protect spirit of justice.

from:  D.Anndaraj
Posted on: Aug 16, 2013 at 14:50 IST

Ms. Nagpal had been served a charge sheet and she can defend her
action citing SC's order.
SC is right in dismissing such petition as in the true sense it
was not a PIL and took up valuable time of the SC.
Why the IAS officer who has now replaced her is not carrying on
the same crusade against the 'sand mafia'? Why the IAS officers
association is not taking up the issue with the concerned
Running to SC for anything and everything devalues the

Posted on: Aug 16, 2013 at 14:13 IST

This is INDIA boss where even the apex judiciary refuses to support
honest officials in discharging their duty. PM is too dumb too take
a stand because of "coalition compulsions". What shall an honest
official do now, where shall he/she go? How could anybody expect
officials to discharge their duty honestly when entire government
machinery is against them including the judiciary. The current
breed of corrupt and opportunist leaders rule the roost. What could
be the biggest paradox of democracy? I sincerely hoped that at
least supreme court would do justice with DURGA SHAKTI NAGPAL but I
am totally disappointed. These leaders have brought democracy to
the nadir. What would be the impression on IAS aspirants? No one
cares about it, all they care is their bloody vote bank politics.
This is ridiculous.

from:  Anurag
Posted on: Aug 16, 2013 at 14:11 IST

As per constitution of India, SC cant intervene in this case as it is state affairs. Mrs. Nagpal needs to go to court, the only court can intervene. Which is rarely possible as there is potential threat to life of Mrs. Nagpal if she approaches court. She should settle this case with UP state Govt and get Cadre trasnser. As it is not possible for Honest officer to work under UP state Govt.

from:  Pramod
Posted on: Aug 16, 2013 at 14:08 IST
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