SP dares Centre: Won't withdraw IAS officer's suspension

Uttar Pradesh IAS officer Durga Shakti Nagpal's suspension has turned into a Samajwadi Party versus Congress war. Samajwadi party chief Mulayam Singh Yadav and Uttar Pradesh Chief Minister Akhilesh Yadav have justified the decision to suspend Durga Shakti Nagpal for allegedly demolishing a mosque wall in a village in the Gautam Budh Nagar district of the state.

Also Read: Durga's suspension now a political war

While Mulayam said that Durga's suspension will not be revoked, his son Akhilesh stood behind the decision by pointing out that all those who commit a mistake are punished and the IAS officer's case cannot be an exception. "Yes, it is right," replied Mulayam when asked is Akhilesh's decision on Durga is correct. "No, the chargesheet will not be revoked," he added.

"I'm sure there are a lot of children here who were punished by their parents and teachers. All governments run the same way. If an official makes a mistake he or she will be punished," said the Uttar Pradesh Chief Minister. "When we take a decision, everyone opposes us. In the past several incidents have happened with IAS officers. They were walking freely in our offices yesterday. Under BSP rule, they had to remove their shoes before entering their offices," he added.
The Samajwadi party also dared the Centre to withdraw all IAS and IPS officers from Uttar Pradesh, saying the state can be administered with the help of state officers.

"If this undue pressure continues, then my government would like to write to centre to withdraw all their IAS and IPS officers. We can manage with state administrative and police officers," said Samajwadi Party general-secretary Ramgopal Yadav.

Even though the Akhilesh government claims the suspension isn't because she took on the sand mafia, but because she had the wall of a mosque demolished, Durga Shakti Nagpal's former colleague and boss Shivdular Singh Dhillon, who was first officer she reported to after joining the Punjab cadre of the IAS before changing her cadre to Uttar Pradesh, has spoken in her favour.

He has said that Durga Shakti Nagpal is an honest officer and her actions were in compliance with the Supreme Court guidelines. "Any right thinking person will be upset with this. An officer who was working honestly has to face such situation. In this case even worst critics have not questioned her honesty, her commitment to work. The only allegation is that she demolished encroachment on government land. She was working according to the Supreme Court guidelines. She has done what is correct. It is a larger issue now. I am sure she will emerge much stronger out of it. What kind of officers we want? Do we want spineless officers or honest officers?" said Dhillon.

Durga Shakti Nagpal can reply to the state government chargesheet on the basis of the Supreme Court order that banned illegal construction on government land. In January 2013 the Supreme Court ordered all state chief secretaries to follow order and directed all district magistrates to execute the same. The apex court had declared encroachment of roads, pavements and sideways by construction of religious structures or installation of statues of public figures as illegal and ordered their demolition.

Earlier in the day, Prime Minister Manmohan Singh promised action, saying there rules laid down and rules must be followed. "We are in touch with the state government to get all the details," he said. The Uttar Pradesh government has already sent a separate note to the Centre in response to three notices sent to the state Chief Secretary on the suspension of Durga. A copy of the chargesheet served to the young officer has also been sent.

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The note states that according to the law, if any officer of the IAS complains against any decision taken by the state government, then the government is duty bound to respond to it within one week. "In this case, Durga has not made any appeal before the state government. If any such appeal has been made to the Centre, then it must provide details of the same to the state," the note states.

Minister of state in the PMO and personnel V Narayanasamy said that the Centre has asked for the report but the state government have not replied yet. "We have written three letters and I believe that they will give reply with a copy of chargesheet," he said.

When asked about the suspension of IAS officer Ashok Khemka for speaking against UPA Chairperson Sonia Gandhi's son-in-law, he said, "Khemka and Durga Shakti are two different issues and they cannot be compared." According to the Samajwadi Party sources, party MPs have come well prepared to take on the opponents on Durga Shakti Nagpal case if the issue is raised in Parliament.

The party has reportedly dug out details of transfers and suspensions during earlier regimes. Sources said the leaders are coming to Parliament with details of transfers and suspensions of IAS officers during the tenure of former chief ministers Mayawati, Rajnath Singh and Kalyan Singh.

With the suspension of Durga generating a lot of political heat, the Bharatiya Janata Party (BJP) and the Left Front have hit out at the state as well as Central Government and two parties have decided to raise the issue in the Monsoon Session of Parliament.

BJP leader Shahnawaz Hussain said the UP government is punishing an honest officer who is not at fault. "Instead of taking back her suspension, the government has now filed a chargesheet, which is unacceptable."
He also said UPA chairperson Sonia Gandhi's letter has brought out in the open the war between the Congress and the Samajwadi Party. "By writing a letter to the Prime Minister, Sonia has shown the war between SP and UPA. But a young officer should not face the trouble."

CNN-IBN has accessed details of the chargesheet which was prepared by divisional commissioner of Meerut. The chargesheet stated that despite no apprehensions of tension at the site, Durga went to the spot and demolished the wall of a mosque. This act of hers in the holy month of Ramzan could have created resentment in the area, according to the chargesheet.

It also questioned why she did not take village elders or leaders of communities into confidence before ordering the demolition. It concluded that her act shows that she does not possess administrative skills and hence has been suspended. She has been asked to reply to this within 15 days.

CNN-IBN also learnt that the IAS officers association which had complained to Union Minister V Narayansamy on Durga's behalf is ready with a defence. They argued that Durga was only following Supreme Court orders which had barred illegal construction of religious places on government land.

The Samajwadi Party government in Uttar Pradesh had served a chargesheet to IAS officer Durga Shakti Nagpal. The chargsheet to the IAS officer said she broke rules in demolishing the wall of a mosque in a village in the Gautam Budh Nagar.

While the mosque wall was allegedly built on government, the state government has maintained that Dugra's action could have led to communal tension.

Some of the big questions are:

Is the UP government chargesheeting of Durga Shakti Nagpal a political response to the Congress?

With Durga being chargesheeted, will the Noida Divisional Magistrate who gave a report stating that Durga didn't carry out demolition, also face the heat?

Will the SP use Centre's intervention in the case to derail proceedings in Parliament?

Can the centre use its powers to revoke Durga's suspension?

Is Durga suspension row now a full blown political conflict between the Congress and the SP?