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Rediff.com  » News » SC agrees to hear PIL on Durga Sakthi's suspension

SC agrees to hear PIL on Durga Sakthi's suspension

August 08, 2013 14:14 IST

The Supreme Court on Thursday agreed to hear a Public Interest Litigation seeking quashing of all proceedings against suspended Indian Administrative Service officer Durga Sakthi Nagpal, who had cracked down on illegal sand mining in Uttar Pradesh.

A bench headed by Chief Justice P Sathasivam listed the PIL for hearing on August 12.

The court fixed the date after the petitioner pleaded for an urgent hearing alleging that Nagpal is suffering hardship for following Supreme Court's order on preventing unauthorised construction of religious buildings on public land and the apex court should protect her.

The PIL filed by advocate M L Sharma also made the Uttar Pradesh government and the Centre as respondents. Contending that the action taken against Nagpal was arbitrary, unconstitutional and malafide, the PIL has sought quashing of all proceedings against the 2010 batch IAS officer who had clamped down on the mining mafia in Gautam Budh Nagar area of UP.

The PIL said suspending Nagpal was "unconstitutional, arbitrary and lowered the constitutional system" and "the absence of support from top bureaucracy, in both Uttar  Pradesh and in New Delhi, is shameful".

The 28-year-old sub-divisional magistrate was suspended on July 27 ostensibly for ordering the demolition of the wall of an under-construction mosque in a village in Noida without following the due process.

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

Coming out in support of Nagpal, Congress President and the Chairperson of National Advisory Council Sonia Gandhi has written a letter to the prime minister, saying that she should not be "unfairly treated".

The prime minister had on August 5 said the Centre was in touch with the state authorities on the issue and laid down rules will be followed.

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