Supreme Court Asks CBI, ED To Maintain Status Quo On Investigation In WB Municipality Recruitment Scam For A Week

The Supreme Court on Friday directed the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED) to maintain status quo with respect to the investigation in the municipality recruitment scam for a week. The Court passed this direction after taking note of the fact that the Calcutta High Court directed CBI investigation in the matter without hearing the State of West Bengal.

A bench comprising Chief Justice of India DY Chandrachud and Justice PS Narasimha was  hearing a special leave petition filed by the State against the order passed by a single bench of the High Court on April 21 transferring the investigation in the case to the CBI.

The bench noted that the State of West Bengal had not been served the notice of proceedings and that it would be appropriate for the State to make submissions before the court on its position. 

Senior Advocate Kapil Sibal, appearing for the State of West Bengal, submitted that the State of West Bengal was not served of the proceedings and had no notice of proposed direction to CBI to probe the matter. It was brought to the notice of the bench that the High Court had recorded that no-one appeared on behalf of the State.

Disposing of the SLP, the bench stated :

"In the interests of justice, we are of the view that it would be appropriate if the State of West Bengal is heard afresh by the High Court on the issue as to whether the investigation should be initiated by the CBI. We accordingly permit the petitioner to move a petition by way of review before the High Court. The High Court shall, after hearing the parties, take a considered view in the matter"

ASG SV Raju, appearing for the respondents, argued that stay of investigation should not be granted as crucial evidence could be destroyed in the time. However, the Court directed the central agencies to keep off the investigation for a week.

The impugned order was passed by a single bench of Justice Abhijit Gangopadhyay, taking note of the Enforcement Directorate's findings in the probe into the teacher recruitment scam. The bench had noted that there were common elements in both the cases.

Case Title: State of WB v. Soumen Nandy And Ors. SLP(C) No. 8706/2023 

Click here to read the order