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Thursday, August 1, 2013

Durga Shakthi Nagpal, Noida (Sadar) Sub-Divisional Magistrate Suspended Saturday July 27,2013



Durga Shakthi Nagpal(a 2010 batch IAS officer of Uttar Pradesh cadre) was suspended by the Samajwadi Party government on Saturday July 27,2013 after she allegedly carried out the demolishing of a wall of a mosque under construction, in Rabupura in Noida.


The UP Govt claimed the officer’s action “threatened to disturb communal peace”

Durga Shakthi Nagpal is said to have been suspended after Samajwadi Party leader with the status of a Minister of State Narendra Singh Bhati lodged a complaint over the demolition of the mosque wall. It was alleged that Mr. Bhati and his close relative Virendra Bhati had interests in illegal sand mining along the Yamuna and Hindon rivers in Noida and Greater Noida


Durga Shakthi Nagpal has been attached to the Uttar Pradesh Board of Revenue at Lucknow. Notwithstanding the official causes given for the officer’s suspension, reports have alleged that Durga Shakthi
Nagpal paid the price for taking on the powerful sand mafia of Noida and Greater Noida





Like durga Shakthi Nagpal many officers have been hounded for their honesty




 Suspension Challenged in Court
Nutan Thakur on Tuesday July 30,2013 filed a public interest litigation petition before the Lucknow Bench of the Allahabad High Court challenging the officer’s suspension.

PWD Minister Justifies Suspension
No respite seemed to be in store for IAS officer Durga Shakti Nagpal after the Samajwadi Party president, Mulayam Singh’s younger brother and State Public Works Department Minister Shivpal Singh Yadav on Wednesday July 31,2013 justified his nephew and Chief Minister Akhilesh Yadav’s decision to suspend her. Indicating that she would not be reinstated, notwithstanding the public outcry over her suspension, Mr. Yadav said the bureaucrat’s action to demolish the wall of an under-construction mosque in Qadalpura village in Gautam Buddha Nagar district threatened to create a situation for communal violence

Centre Assures Justice to Durga Shakthi Nagpal

 

The Centre on Thursday Aug 1,2013 assured that justice would be done to suspended IAS officer Durga Shakti Nagpal, who had clamped down on the sand mining mafia in Gautam Budh Nagar area of Uttar Pradesh.
The assurance was given by Minister of State for Personnel V Narayanasamy during a meeting with delegation of All India IAS Officers’ Association.
“The Minister assured us that he will look into all facts. I have been assured justice will be done,” Association’s Secretary Sanjay R Bhoos Reddy told reporters in New Delhi after the meeting.
The Association, which at present has about 4,737 member (equal to the number of officers of the elite service), has sought immediate revocation of Ms Nagpal’s suspension.
The Ministry — which acts as a nodal department for personnel matters of IAS — is yet to receive a report from Uttar Pradesh government over suspension of the IAS officer.

SC order on illegal religious structures passed in 2009

As the Uttar Pradesh government stands by IAS officer Durga Shakti Nagpal's suspension, a Supreme Court order on illegal religious structures passed in 2009 suggests that suspended IAS officer Durga Nagpal acted strictly according to procedure and violated no rules

In December 2009, the court ruled that no new temples, mosques, churches and gurdwaras can be constructed on public parks, public streets and public spaces.

Demanding strict compliance, the SC said any breach of the order would be viewed seriously by the court.

Further, the SC had said that the ban must be enforced even if it gave rise to a law and order problem


For the residents of Kadalpur, a sleepy village in Gautambudh Nagar, which is at the centre of the controversy surrounding the suspension of Sub-Divisional Magistrate Durga Shakti Nagpal, the IAS officer is no hero.
They allege that she personally supervised the demolition of a mosque wall in the village on July 27 and say her suspension by the Samajwadi Party-led Uttar Pradesh government was justified
The villagers stress the “highhandedness” of the local administration led by Ms. Nagpal in carrying out the demolition, allegedly without any prior notice
The mosque was built on gram sabha land without permission from the local administration. The present structure of the mosque, after its main wall and the temporary roof were brought down by the authorities, consists of an elevated land with a tarpaulin roof

Allahabad HC Refuse to Interfere in Suspension
The Lucknow Bench of the Allahabad High Court praised the suspended IAS officer Durga Shakti Nagpal on Friday Aug 2,2013 for bravely exercising her jurisdiction to act against illegal mining in Noida. It, however, refused to interfere in her suspension saying it was a matter “between the government and a public servant and the public servant concerned has not approached the court.”

A Division Bench of Justices Devi Prasad Singh and Ashok Pal Singh, acting on a PIL filed by Lucknow-based social activist Nutan Thakur, asked for details of the government action against illegal mining.
The PIL sought a direction to the Department of Personnel and Training to summon the file related to the suspension and cancel the suspension if it was found to be illegal and improper.
Observing that illegal mining disturbed the ecological balance, the court wanted to know how many FIRs were lodged, how many dumpers were seized and how many people were arrested after Ms. Nagpal’s suspension.
It directed the counsel to ask the Centre what it had done on the issue

Centre seeks report from UP Govt

The Centre has sought a report from Samajwadi Party-led Uttar Pradesh government on suspension of an IAS officer, who had cracked down on sand mafia involved in rampant quarrying along the banks of Yamuna river.
The move comes in the backdrop of Congress president Sonia Gandhi on Saturday writing a letter to Prime Minister Manmohan Singh, saying that Durga Sakthi Nagpal, a 2010-batch officer, should not be “unfairly treated”.
The Prime Minister holds the charge of Ministry of Personnel, the nodal department for administrative matters of IAS cadre.
The Department of Personnel and Training (DoPT) has shown urgency in the matter and written to the UP government seeking a report

UP Govt Serves Charge Sheet on Durga Shakti Nagpal

IAS officer Durga Shakti Nagpal was served with a charge sheet by the Uttar Pradesh government on Sunday Aug 4,2013

The Sub-Divisional Magistrate (Sadar) in Gautam Budh Nagar district was suspended on July 27 on charges of ordering the demolition of the wall of an under-construction mosque at Kadalpur village

The 10-page charge sheet was issued by the State Appointment and Personnel Department for taking a one-sided decision in ordering the demolition.A notice ought to have been served prior to the demolition, the charge sheet said

Durga Shakthi Nagpal has been given 15 days’ time to file her reply. Copies of the charge sheet and the suspension order have been sent to the Central government

Members of All India Democratic Women's Association protesting against the suspension of IAS officer Durga Shakti Nagpal in Lucknow

  

IAS officer Durga Shakti Nagpal Re-instated Sunday Sep 22,2013

A day after she met Uttar Pradesh Chief Minister Akhilesh Yadav, suspended IAS officer Durga Shakti Nagpal was on Sunday reinstated as her suspension has been revoked by the Govt but she has not been given a fresh posting

Nagpal’s meeting with AkhileshYadav at his official residence on Saturday where she not only clarified her position on the demolition order, but also apologised to the Chief Minister, had paved the way for her reinstatement

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