The Supreme Court will take up on August 26 a plea seeking contempt action against Uttar Pradesh government and Chief Minister Akhilesh Yadav for suspending IAS officer Durga Shakti Nagpal for implementing its order on removing unauthorised religious structures on public land.
The petition mentioned before a bench headed by Chief Justice P Sathasivam also named Chief Secretary Javed Usmani, working Chief Secretary Aalok Ranjan and the Centre as respondents.
The petition was filed by advocate M L Sharma. In his plea, Sharma contended that action against 28-year-old Nagpal was in contempt of the Supreme Court order on preventing unauthorised construction of religious buildings on public land.
"Following the Supreme Court direction is not an offence that has been performed by the officer concerned," he 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 the 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.