The petition filed by an advocate had contended that the officer had only complied with the orders of the court in demolishing the illegal structure and the decision of state government to suspend her amounts to contempt.
However, a bench comprising justices HL Dattu and SJ Mukhopadhaya said that nothing is there to show that there is willful and deliberate contempt by any of the alleged contemnors (state authorities).
"How does the action of state government amount to contempt?",  the bench asked and noted that the authorities by themselves have not taken any decision relating to the Apex Court's orders on preventing unauthorized construction of religious buildings on public land.
The bench also said that the contempt petition has been filed too early when the state government has not taken a final decision on the chargesheet issued to her.
The bench added that the stage of contempt would only arise after the officer files response to the chargesheet and the state government takes a final decision.
The petition, filed by advocate ML Sharma, had also named Chief Secretary Javed Usmani, working Chief Secretary Aalok Ranjan and the Centre as respondents.
The petition had contended that action against 28-year-old IAS officer Nagpal was in contempt of the apex court order on preventing unauthorized construction of religious structures on public land.
"Following the Supreme Court direction is not an offence that has been performed by the officer concerned," the petition mentioned.


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