UP govt can’t keep Durga suspended
3 Aug 2013 5:30 AM IST
The Uttar Pradesh government cannot keep the suspended IAS officer Durga Shakti Nagpal — who launched crackdown against illegal sand miners in Gautam Budh Nagar district — under suspension for more than 90 days without the Centre’s consent.
The young IAS officer can be placed under suspension beyond three months only if her suspension order is confirmed by the central government. Even in that case, she cannot be placed under suspension beyond one year.
The All India Services (Discipline and Appeal) Rules says that the state can keep the officer under suspension for maximum 90 days, pending disciplinary proceedings.
The central government (ministry of personnel which is the cadre controlling authority of all IAS officers in the country) can either confirm or deny the state’s suspension order based on report of the departmental proceedings.
Under the rule, the state cannot delay the report beyond 90 days (initially 45 days which may be further extended to another 45 days) — that means Uttar Pradesh government cannot put Nagpal under suspension, pending disciplinary proceedings, beyond three months without being conformed by the Centre.
During disciplinary proceedings, the IAS officer has to present her reply through her superior to the chief secretary.
The chief secretary, being the top bureaucrat in the state, can take a call to either continue the suspension or revoke it depending on report of the disciplinary proceedings.
State will then have to send the report to the Centre for confirmation. Opinion of the central government will prevail after processing the report.
Meanwhile, IAS officer Durga Shakti Nagpal on Friday met the chief secretary of Uttra Pradesh Javed Usmani, claiming innocence.
The young IAS officer can be placed under suspension beyond three months only if her suspension order is confirmed by the central government. Even in that case, she cannot be placed under suspension beyond one year.
The All India Services (Discipline and Appeal) Rules says that the state can keep the officer under suspension for maximum 90 days, pending disciplinary proceedings.
The central government (ministry of personnel which is the cadre controlling authority of all IAS officers in the country) can either confirm or deny the state’s suspension order based on report of the departmental proceedings.
Under the rule, the state cannot delay the report beyond 90 days (initially 45 days which may be further extended to another 45 days) — that means Uttar Pradesh government cannot put Nagpal under suspension, pending disciplinary proceedings, beyond three months without being conformed by the Centre.
During disciplinary proceedings, the IAS officer has to present her reply through her superior to the chief secretary.
The chief secretary, being the top bureaucrat in the state, can take a call to either continue the suspension or revoke it depending on report of the disciplinary proceedings.
State will then have to send the report to the Centre for confirmation. Opinion of the central government will prevail after processing the report.
Meanwhile, IAS officer Durga Shakti Nagpal on Friday met the chief secretary of Uttra Pradesh Javed Usmani, claiming innocence.
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