आईएएस दुर्गा निलंबन : केन्द्र सरकार यूपी से रिपोर्ट मांगे

सामाजिक कार्यकर्ता डॉ नूतन ठाकुर  ने सचिव, कार्मिक और प्रशिक्षण, भारत सरकार को पत्र लिख कर आईएएस अफसर दुर्गा शक्ति नागपाल के निलंबन के सम्बन्ध में विस्तृत रिपोर्ट मांगे जाने की मांग की है. ठाकुर ने कहा है कि चूँकि केन्द्र सरकार आईएएस अफसरों का नियंता प्राधिकारी है और उसे अखिल भारतीय सेवा (अनुशासन और अपील) नियमावली 1969  के नियम 3(6ए) के तहत निलंबन के सम्बन्ध में आख्या प्राप्त करने का अधिकार है, अतः नागपाल के निलंबन के सम्बन्ध में तत्काल विस्तृत रिपोर्ट मांगी जाए और निलंबन के आधारहीन और अनुचित पाए जाने पर उसे निरस्त किया जाए.

पत्र में यह भी मांग की गयी है कि केन्द्र सरकार सभी प्रदेशों के मुख्य सचिवों को बालू माफियाओं और सुप्रीम कोर्ट द्वारा एसएलपी संख्या 8519/2006 में दिनांक 29 सितम्बर 2009 को सार्वजनिक भूमि पर अवैध धार्मिक निर्माण नहीं करने सम्बंधित आदेश की अवहेलना करने वालों के खिलाफ कार्यवाही करने वाले आईएएस, आईपीएस और आईएफएस अफसरों को सहयोग प्रदान करने और उन्हें निलंबित कर उनका मनोबल नहीं तोड़ने सम्बंधित निर्देश जारी करे.

Letter to Central Government in IAS Durga Shakti suspension

To,
The Secretary,
Department of Personnel and Training,
Ministry of Personnel, PG and pension,
Government of India,
New Delhi

Subject- Improper suspension of young IAS officer Ms Durga Shakti Nagpal in Uttar Pradesh

Sir,

1-The petition Dr Nutan Thakur is a social activist working in the field of transparency and accountability in governance and is also wife of an IPS officer from UP Cadre Sri Amitabh Thakur. Here she she wishes to state that a young IAS officer Ms Durga Shakti Nagpal of 2009 batch, UP cadre was suspended on Saturday by the Uttar Pradesh government. She was allegedly suspended by the State government after a dispute regarding a religious place where she allegedly acted against the provisions of law while demolishing the illegal constructions.

2. That as per the Indian Express news article _”According to sources, Nagpal had visited a village in Rabupura area of Greater Noida on Saturday following information that a masjid was being constructed without permission. "Though the masjid was built on private land, no clearance was taken. The building was illegal. While the villagers argued, they did not stand in the way when the structure was brought down," said District Magistrate Ravi Kant.”

3. That but the entire Media is full of facts and stories that tell another theory. As per India Today- “However, according to sources, the officer's drive against illegal mining had irked a leader of the ruling Samajwadi Party, Narendra Bhati, and he had complained about her to the party leadership. Nagpal had led the seizure of 24 dumpers allegedly engaged in illegal quarrying and got 15 people arrested recently. She had formed special flying squads to stop the illegal sand mining along the Yamuna and Hindon rivers” while as per The Times of India –“The UP government late on Saturday night suspended Durga Shakti Nagpal, the sub-divisional magistrate of Gautam Budh Nagar. Nagpal, a 2010 batch IAS officer, who has been in news for her crackdown on illegal sand mining, was allegedly suspended over a dispute related to a religious place.” As per The Hindu-“A woman IAS officer, who had clamped down on illegal mining and resolutely taken head on the powerful sand mafia in Uttar Pradesh, has been suspended barely 10 months after she got her first posting in the State.  A 2009-batch IAS officer posted as Sub-Divisional Magistrate (SDM) of Gautam Budh Nagar in September last year, 28-year-old Durga Shakti Nagpal was penalised ostensibly for the demolition of a wall at a disputed place of worship” while as per Hindustan Times-“Nagpal had taken on the powerful sand mafia in the area and was suspended just months into her assignment. She was ostensibly penalised for ordering demolition of a wall at a disputed place of worship in Greater Noida. However, opposition parties have alleged that the SDM was suspended on the behest of sand mafia” and as per The Indian Express-“The Uttar Pradesh government on Sunday suspended an IAS officer who had taken on the sand mafia by clamping down on illegal mining in the Yamuna and Hindon riverbeds over the last few months.  Durga Shakti Nagpal, a 2009-batch IAS officer posted as Sub Divisional Magistrate (Sadar) in Gautam Buddh Nagar, had impounded several trucks engaged in illegal quarrying and registered over 20 FIRs. “

4. That the universal statement of the same facts means it is very clear why Ms Nagpal was suspended.

5. That this fact gets all the more support if one takes into account The Times of India news article dated 23/06/2013-“Durga IAS takes on Noida sand mafia” by Ms Vandana Keelor which says- “A young woman IAS officer has taken on the brazen sand mining mafia in Gautam Budh Nagar. Durga Shakti Nagpal, the aptly named sub-divisional magistrate (Sadar), has seized 24 dumpers engaged in illegal quarrying in the past two days. Fifteen alleged offenders have also been arrested. Special flying squads have been formed to stop the raging menace along Yamuna and Hindon rivers in western UP.”  It also says-“Since April, the UP police have lodged 17 FIRs over the menace. In 22 cases, chief judicial magistrates have ordered the arrest of illegal sand dredgers. Last month alone, the mining department lodged a complaint with the police against 55 people in Greater Noida. "In three months, 297 vehicles and machinery involved in illegal sand mining was impounded. We have collected fines amounting to Rs 82.34 lakh," said Ashish Kumar, mining officer, GB Nagar. According to officials, though more than Rs 2 crore was recovered in fines last year, the revenue department still incurred huge losses.”

6. That it needs to be seen that this news article was published nearly a week before the suspension actually took place, linking it very clearly to the actual reason for suspension.

7. That even if one assumes that Ms Nagpal was suspended for demolishing an illegal construction, it needs to be kindly noted that she was only doing her job. As per the order dated 29/09/2009 of the Hon’ble Supreme Court of India in  Special Leave to Appeal (Civil) No(s).8519/2006 from the judgement and order dated 02/05/2006 in SCA No.9686 of 2006 of the Hon’ble High Court of Gujarat at Ahmedabad – “As an interim measure, we direct that henceforth no   unauthorized    construction shall  be carried out  or permitted in the    name       of     Temple,        Church,    Mosque       or Gurudwara etc. on public streets, public parks or other public places etc. In    respect       of     the    unauthorized construction of religious nature which has already taken place, the State Governments and the Union Territories shall review the same on case to case basis and take appropriate steps as expeditiously as possible. In order to ensure compliance of our directions, we    direct         all         the         District          Collectors           and Magistrates/Deputy              Commissioners           in     charge     of        the Districts to ensure that there is total compliance of the order passed by us. They are directed to submit a report within four weeks to the concerned Chief Secretaries or the Administrators of the Union Territories who in turn will send a report to this Court within eight weeks from today.”

8. That this order of the Hon’ble Supreme Court stands true even today as it has not been modified till date.

9. That even if being suspended for demolishing a Mosque being illegally built, in any case, Ms Nagpal, a young IAS officer of hardly a few years of service has been suspended on completely arbitrary reasons, firstly for taking on the Sand mafia and secondly on complying with the order of the Hon’ble Supreme Court.

10. That suspension of IAS officers is undertaken under Rule 3 of the All India Services (Discipline and Appeal) Rules 1969 where the relevant provisions say- “3. Suspension.—(1) If, having regard to the circumstances in any case and, where articles of charge have been drawn up, the nature of the charges, the Government of a State or the Central Government, as the case may be, is satisfied that it is necessary or desirable to place under suspension a member of the Service, against whom disciplinary proceedings are contemplated or are pending, that Government may— (a) if the member of the Service is serving under that Government, pass an order placing him under suspension, or (b) if the member of the Service is serving under another Government request that Government to place him under suspension, pending the conclusion of the disciplinary proceedings and the passing of the final order in the case. (1A) If the Government of a State or the Central Government, as the case may be, is of the opinion that a member of the Service has engaged himself in activities prejudicial to the interests of the security of the State, that Government may— (a) if the member of the Service is serving under that Government, pass an order placing him under suspension, or (b) if the member of the Service is serving under another Government, request that Government to place him under suspension, till the passing of the final order in the case”

11. That while Rule 3 subrule 2 says- “A member of the Service who is detained in official custody whether on a criminal charge or otherwise for a period longer than forty-eight hours, shall be deemed to have been suspended by the Government concerned under this rule and Rule 2 subrule 4 says-“ A member of the Service shall be deemed to have been placed under suspension by the Government concerned with effect from the date of conviction, if, in the event of conviction for a criminal offence, if he is not forthwith dismissed or removed or compulsorily retired consequent on such conviction provided that the conviction carries a sentence of imprisonment exceeding forty-eight hours”, in the State of Uttar Pradesh, there are at least one example each where an IAS officer was not suspended despite being detained for more than 48 hours. It was the case of Sri Pradeep Shukla, senior IAS officer who got arrested on 10/05/2013, he was finally suspended after much uproar on 21/08/2013. Similarly there is the example of another senior IAS officer who is convicted in a corruption case but has not been suspended for a day.

12. That unlike them Ms Nagpal got suspended for her honest work being done with complete dedication. One very well knows how difficult it is for anyone to fight sand mafia and how powerful these sand mafia are. One can hardly forget the killing of a young IPS officer Sri Narendra Bhati by the same kind of sand mafia.

13. That an IAS officer is first and foremost an employee of the Union of India and if anything improper is done against an IAS officer, the Central Government has the right to seek a detailed report in the matter and take necessary action as per the Rules.

14. That Rule 3 Subrule 6A of the above Rules says-“Where an order of suspension is made, or deemed to have been made, by the Government of a State under this rule, detailed report of the case shall be forwarded to the Central Government ordinarily within a period of fifteen days of the date on which the member of the Service is suspended or is deemed to have been suspended, as the case may be.”

15. That again as per D.P. & A.R. letter No. 11018/1/76—AIS (III), dated 11-2-1976, In the event of suspension of a moS, Government of India may be communicated telephonically immediately and the facts communicated within 15 days: – As soon as a member of the Service is placed under suspension or is deemed to have been placed under suspension, the fact may be communicated to this Department telegraphically and a detailed report of the case may be furnished within 15 days of the date of suspension, as provided for in the rules.

16. That hence being the Cadre controlling authority of IAS officers and realizing that prima-facie an illegality and irregularity has been done by the UP Government in suspending Ms Nagpal where she has been suspended for ulterior and extraneous reasons, the petitioner makes the following prayers-

PRAYERS

1.  Kindly immediately seek a report regarding suspension of Ms Durga Shakti Nagpal as per provisions of Rule 3 subrule 6A of the All India Services (Discipline and Appeal) Rules 1969 and the Government Memorandum D.P. & A.R. letter No. 11018/1/76—AIS (III), dated 11-2-1976,

2.  Kindly quash the suspension order if it is found to be irregular, inappropriate and not according to the provisions of law, because the Central Government has a right to do so under Rule 3 of the All India Services (Discipline and Appeal) Rules 1969

3.  Kindly also direct Chief Secretaries, Home Secretaries and Forest Secretaries of all the States/UTs of India that due protection, support and encouragement be given to all those IAS, IPS and IFS officers who take on the Sand Mafia and who act in accordance with the Hon’ble Supreme Court order dated 29/09/2009 in Special Leave to Appeal (Civil) No(s).8519/2006 as regards illegal religious construction in public places and not to harass and demoralize them through punitive measures like suspension, Departmental action etc

Lt No- NT/DSN/UOI/01  
Dated- 29/07/2013
 

Yours sincerely,

Dr Nutan Thakur
5/426, Viram Khand,
Gomti Nagar, Lucknow

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