School Jobs For Cash Scam: Supreme Court Stays HC Order Allowing CBI, ED Probe Against TMC MLA Manik Bhattacharya

The Supreme Court on Thursday stayed two orders of the Calcutta High Court that had directed a fresh probe by the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED) against Trinamool Congress MLA Manik Bhattacharya, former director of the West Bengal Board of Primary Education, in connection with the teacher's appointment scam.A Division Bench of Justice AS Bopanna and Justice PV Sanjay Kumar granted relief to Bhattacharya after the unlisted matter was taken up today following an urgent request made by the petitioner before the Chief Justice. The Apex Court, staying the orders of the High Court dated 25th and 26th July, held: “In a matter of the present nature, when it is evident that the petitioner is not a party to the said writ proceedings and certain orders have been made to his detriment, in any event, before this Court ultimately decides the said matter no further prejudice shall be caused to the petitioner.” In its July 25 order, the Calcutta High Court had granted liberty to the ED and CBI to interrogate Bhattacharya in relation to the cash for jobs scam and had granted them liberty to take him into custody if necessary. The High Court had taken note of the order of the Supreme Court dated 27.09.2022, that had granted protection to Bhattacharya from any coercive action against him by the CBI, which is still continuing. However, the High Court was of the view that such protection was with respect to another scam, and in light of a separate scam and a separate selection process being challenged, such protection would not be an impediment to taking Bhattacharya into custody. In its 26th July order, the Calcutta High Court directed the investigation be videographed and be produced in Court on 3rd August. This necessitated the urgent listing of the Petitioner’s plea before the Apex Coury to stay the orders. The Apex Court stayed the orders on the ground that Bhattacharya was not a party to the proceedings and he was not heard. The Apex Court also observed that presenting the video of his interrogation in Court when a large number of petitioners and respondents are party to the proceedings, would cause him serious prejudice. “..it is also brought to our notice the orders dated 25.07.2023 and 26.07.2023 to point out that despite the petitioner not being a party to the said writ petition, certain adverse orders are passed against the petitioner without opportunity of hearing to the petitioner herein. Such order would also include interrogation against the petitioner by the Central Bureau of Investigation (CBI) and the very manner in which the investigation would be made is also regulated by the learned Judge. Further, it is pointed out that the direction in the order dated 26.07.2023 would also indicate that in the process of such investigation, the same is to be videographed and the videograph of the same is to be produced to the Court which would be viewed on 03rd August, 2023 at 03:30 p.m. i.e. today in the presence of others. In that regard, it is pointed out that considering the large number of petitioners as also the respondents in the said writ proceedings and the learned counsel representing the parties, the right of the petitioner herein would be seriously prejudiced.” the Apex Court stated.However, the Top Court made it clear that there would no impediment in proceeding against the parties in the matter before the High Court.Both the impugned orders were passed by a single bench of Justice Abhijit Gangopadhyay of the Calcutta High Court.Last month, the Supreme Court had set aside the interim order of the Calcutta High Court that directed the West Bengal Board of Primary Education to conduct fresh selection for 32,000 teacher posts before the end of August 2023.The petition before the Apex Court was filed against the order of the division bench of the Calcutta High Court that had stayed the termination of 32,000 teachers but had directed fresh selection to the post. A single bench of the High Court had earlier directed termination of 32,000 teachers and ordered fresh selection to be conducted within 3 months. It was urged by the Petitioners that though the division bench granted interim relief by staying termination as the affected persons were not party to the proceedings, the direction to hold fresh selection, was not proper.A single bench of Justice Abhijit Gangopadhyay had also directed West Bengal Board of Primary Education to arrange for a fresh recruitment exercise in 3 months, only for the candidates who participated in 2016 recruitment process. No new or any other candidate shall be allowed to take part in such recruitment test it was directed.A single bench of the Justice Abhijit Gangopadhyay of the Calcutta High Court while passing the order for termination and fresh selection had observed as thus:“From the gross illegality in the selection procedure in the recruitment exercise of 2016 conducted by the Board it is clear that the Board and its officials...

School Jobs For Cash Scam: Supreme Court Stays HC Order Allowing CBI, ED Probe Against TMC MLA Manik Bhattacharya

Sheryl Sebastian

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