Calcutta High Court Removes ED Officer From Investigation Into Recruitment Scam Case, Asks Agency To Not Engage Him In Any Case Arising In Bengal

The Calcutta High Court on Friday directed the Enforcement Directorate (“ED”) to remove Assistant Director Mithilesh Kumar Mishra, investigating the Primary Teacher Recruitment Scam in West Bengal, from the investigation, and for him to be reassigned on other matters, not arising within the State.

Earlier, a single-bench of Justice Amrita Sinha had expressed displeasure at the ED’s incomplete report on the assets of various recruitment scam accused, including MP Abhishek Banerjee, and noted that the interaction with Mishra in open-court regarding the investigation was “unsatisfactory.”

DSG Dhiraj Trivedi appearing for the ED submitted that the officers were vary of having their names or contents of their report being revealed during live-proceedings of Court due to the possibility of the investigation being influenced.

Today, upon recording DSG’s submissions that the ED would be placing a much more comprehensive report on the 10^th of October, the Bench ordered:

“The ED has filed another report. The Court is yet to peruse the entire report. Page five of the report reflects that Mithilesh Kr Mishra, signatory to the report, is investigating the primary teacher recruitment scam. On the last occasion, the Court interacted with Shri Mishra, who was unable to provide satisfactory answers to the Court’s question. The Court is convinced that the said officer will not be competent enough to handle the present case which is of a huge magnitude. Director, Enforcement Directorate is directed to immediately assign the work entrusted to Shri Mishra to some other competent officer ,immediately. Shri Mishra shall be relieved from the investigation of the present case. Shri Mishra may be engaged in some other case, but will not be entrusted to investigate any case arising in the State of West Bengal.”

The Bench further directed the Enforcement Directorate to ensure that the summons issued to MP Abhishek Banerjee was complied with, such that “the investigation was not hampered in any way.”

Case: Soumen Nandy v State of WB & ors

Case No: WPA 9979/2022