In his public interest litigation (PIL), petitioner Manohar Lal Sharma cited the September 29, 2009, order of the apex court directing all collectors and officers of all states that no unauthorised construction shall be carried out or permitted in the name of a temple, church, mosque or gurdwara on public streets, public parks or other public places.
The PIL petitioner urged the court to summon all the records of the proceedings leading to the suspension of Nagpal.
The Uttar Pradesh government had placed Nagpal under suspension July 27 for allegedly ordering the demolition of a wall purportedly belonging to a religious structure during her visit to Village Kadalpur in Gautam Budh Nagar.
Nagpal was placed under suspension July 27 and was issued a charge sheet Aug 4.
She suffered the brunt of the Uttar Pradesh government, including its Chief Minister Akhilesh Yadav and the ruling party leaders, for curbing the sand mafia engaged in illegal mining on the banks of the Hindon and Yamuna rivers in the area.
The PIL petitioner said that action of the Uttar Pradesh government was contrary to the September 29, 2009, orders and thus amounted to contempt of court.
Nagpal's suspension, the PIL said was "a new low in a long process of the subversion of bureaucracy".
The petition said that bureaucrats in the Indian administration are a permanent feature of the administration and are required to serve whichever party is in power. They are expected to objectively advice ministers and carry out the decisions of the government.
Referring to the statements by Samajwadi Party leaders that they do not need IAS officers to run the affairs of Uttar Pradesh, the PIL said that they have no right to jeopardise the administrative set up thereby damaging the entire State structure.