Calcutta High Court Stays Single Judge Order For CBI Probe In SSC 'Group D' Recruitment Scam [Read Order]

The Calcutta High Court on Friday stayed a Single Judge's order directing the Central Bureau of Investigation (CBI) to conduct a probe into the alleged irregularities in the appointment of 'Group-D' (non-teaching staff) in sponsored Secondary and Higher Secondary schools under the West Bengal Board of Secondary Education (WBBSE) on the purported recommendation by the West Bengal School Service Commission (WBSSC).In 2016, the State government had recommended the appointment of about 13,000 non-teaching staff in different government aided schools and accordingly the WBSSC had conducted examinations and interviews periodically and thereafter a panel had been constituted. The term of the panel had ended in 2019. However, subsequently, there were widespread allegations that the Commission had made several irregular recruitments close to almost 500 even after the expiry of the panel.In the impugned order dated March 31, Justice Abhijit Gangopadhyay had directed the regional head of the CBI to call upon S.P. Sinha, former Advisor of the WBSSC in course of the day and start questioning him. The CBI had been directed to initiate the interrogation by midnight.Subsequently, on Friday Additional Solicitor General Y.J Dastoor appearing for the CBI informed Justice Gangopadhyay that Sinha had been questioned by the CBI last night between 11:15 pm to 2:30 am. He further filed before the Court a preliminary report in a sealed cover containing the responses of Sinha to questions posed by the CBI.A Division Bench comprising Justice Soumen Sen and Justice Ajoy Kumar Mukherjee was informed by the concerned counsels that an inquiry Committee headed by Justice Ranjit Kumar Bagh, former judge of the High Court is looking into the issue of illegal appointments of group-D employees and that the Committee has directed Sinha to appear before it on April 5. Opining that there is a likelihood of conflicting findings if two parallel proceedings are allowed to proceed simultaneously, the Court directed the CBI to not register any FIR against Sinha or interrogate him any further until the next date of hearing that is slated to take place on April 4. "..if these two parallel proceedings are allowed to run simultaneously there is likelihood of conflict of findings and also having regard to the fact that the original documents relating to such alleged illegal appointments are presently lying in the custody of the learned Registrar General of this court in terms of the order passed by the Regular Bench, the Central Bureau of Investigation shall not register any first information report against the present appellant nor they will put appellant for further interrogation, if any, till Monday next, that is, April 4, 2022."The Court further noted that in the absence of documents which are currently in the custody of the Court, the CBI will not be in a position to effectively interrogate the appellant. It was further underscored that Justice Gangopadhyay's earlier order for a CBI probe had been stayed by the Regular Bench comprising Justice Harish Tandon and Justice Rabindranath Samanta and is thus binding on Justice Gangopadhyay. "We also have taken into consideration that CBI investigation has been stayed by the Regular Bench in respect of Gr. D employees and unless the said order is varied or set aside it is binding on the learned Single Judge", the Court opined. The Court further observed that such an interim relief is granted despite the matter not being before the Regular Bench as a refusal to pass such an interim relief may render the appeal infructuous. Accordingly, the Court ordered the application of stay to be listed before the Regular Bench on April 4. "We pass this interim order as this bench is not the regular bench and it requires deeper consideration of the issues raised in the appeal. The appellant has made out prima facie and arguable case on merits for which the appellant at this stage is entitled to an ad interim relief till Monday, i.e. April 4, 2022 as the refusal to pass such relief at this stage may render the appeal infructuous", the order read further. Justice Abhijit Gangopadhyay's orders Justice Gangopadhyay in the impugned order had directed the CBI to interrogate S.P. Sinha, former advisor of the Commission, by opining that he is 'one of the kingpins of this corruption'. "In such circumstances a thorough probe is required to bust the racket of giving illegal appointments. I have found from other similar matters that the said Dr. Santi Prasad Sinha as one of the kingpins of this corruption of giving illegal public appointment. Hence, I direct the regional head of the Central Bureau of Investigation to call Mr. S. P. Sinha in course of the day and start questioning him. The CBI is directed to initiate the said interrogation in course of the day - I mean by 12 midnight today", the impugned order stated. Earlier in the day on Friday, Justice Gangopadhyay had been informed by the counsel appearing for Sinha that a Division ...

Calcutta High Court Stays Single Judge Order For CBI Probe In SSC 'Group D' Recruitment Scam [Read Order]

Aaratrika Bhaumik

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