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2022 Supreme(Cal) 133
IN THE HIGH COURT OF JUDICATURE AT CALCUTTA
ABHIJIT GANGOPADHYAY, J.
Laxmi Tunga And Others — Appellant
Versus
The State Of West Bengal And Others — Respondent
WPA 18585 of 2021
Decided on : 01-04-2022
Advocate Appeared:
For the Appellant : Mr. Bikash Ranjan Bhattacharyya, Sr. Adv., Mr. Firdous Samim, Ms. Gopa Biswas
For the Respondent: Mr. Supriyo Chattopadhyay Mr. Biswarup Biswas, Dr. Sutanu Kumar Patra, Ms. Supriya Dubey
The court emphasized the importance of investigating and addressing illegal appointment scams in public employment, and ensuring compliance with court orders.
Headnote:
CBI - Illegal Appointment Scam - Indian Evidence Act - Section 165, Section 42 - The court discussed the irregularities and illegalities in giving appointment to the post of Group D staff, the compliance of the order by Mr. S. P. Sinha, and the constitution of a high-powered committee by the Education Department of the State of West Bengal. The court directed the CBI to call and question the committee members and others involved in the illegal appointment scam, and to register a regular case for further investigation.
Fact of the Case:
The court addressed the compliance of the order by Mr. S. P. Sinha, the illegal appointment scam in public employment, and the constitution of a high-powered committee by the Education Department of the State of West Bengal.
Finding of the Court:
The court directed the CBI to call and question the committee members and others involved in the illegal appointment scam, and to register a regular case for further investigation.
Issues: Compliance of the order, illegal appointment scam, constitution of the high-powered committee
Ratio Decidendi: The court's decision was based on the need to investigate and address the illegal appointment scam in public employment, and to ensure compliance with the court's orders.
Final Decision: The CBI was directed to call and question the committee members and others involved in the illegal appointment scam, and to register a regular case for further investigation.
ORDER :
1. Mr. S. P. Sinha responded to the call of CBI 8 hours late and reached CBI office at about 11:15 p.m. yesterday and CBI asked him certain questions in respect of the irregularities and illegalities in giving appointment to the post of Group D staff, which is the subject-matter of this writ application, till 2:30 a.m. today.
2. CBI is made a party in this writ application. I direct the learned advocate of the petitioners to add CBI a party respondent in this proceeding here and now.
3. Learned advocate for Mr. S. P. Sinha, has submitted that Mr. Sinha got the news of summoning him by CBI in compliance with the order of this court at about 7:30 p.m. but Mr. Sinha has stated in reply to question no. 1 before the CBI that at about 2 p.m. he received the order.
4. The preliminary report of compliance filed by the CBI is kept on record along with the reply to the questions given by Mr. S. P. Sinha to CBI. A sealed cover containing the questions and answers has been filed by CBI which has been opened by direction given by me.
5. School Service Commission has filed a second report affirmed on 31.03.2022 wherein they have stated in paragraph 6:
"i) the candidates mentioned in Pages 72 and 73 of the said application were included in wait list but not recommended by the commission Copies of the application forms filed by the candidates mentioned in page 73 of the writ application are annexed herewith and marked as "R-l" (collectively) wherefrom the category and the caste of the said 8 candidates will be evident.
ii) Out of the 90 candidates as mentioned in pages 85 and 86 of the said application, 85 candidates were neither waitlisted nor recommended.
With regard to the remaining 5 candidates namely Bapan Das, Tarak Nath Heit, Nemai Khalua, Pritish Maity and Raju Das, they were in the waitlist but not recommended by the Commission.
A copy of list containing details of the above 90 candidates as mentioned in pages 85 and 86 of the writ application is annexed herewith and marked as "R-2". "
6. The persons against whom allegations have been made and in respect of whom the Commission has stated in their affidavit that they were never recommended by the Commission and in respect of whom it has been alleged that they are working in different schools as Group D staff, the salary of all such persons shall not be paid any further. They shall not be treated as candidates recommended by the Commission. They shall not be allowed to enter into the schools as Group D staff of the said schools. Further orders in respect of their illegal appointment and other aspects would be passed later and now I direct the concerned District Inspectors of Schools (S.E.) to take immediate steps for complying with the order passed by this court.
7. In one similar matter of illegal recommendation and appointment the answers given by Mr. S. P. Sinha and Mr. Samarjit Acharya to the questions of this court has been recorded and I direct my court officer to hand over the copies of the questions and answers given by them, which I took under Section 165 of the Indian Evidence Act, to the learned advocate of the CBI in the course of the day. Learned advocate for the CBI will also be handed over the Exhibits made in that proceeding being WPA 13701 of 2021 (Md. Abdul Gani Ansari -Vs.- State of West Bengal & Ors.). In the said proceeding it came to the knowledge of this court that a high-powered committee was constituted by the Education Department of the State of West Bengal constituted by the following five members:
i) Shri S. P. Sinha, Advisor to the West Bengal Central School Service Commission - the Convenor
ii) Shri S. Acharya, Personal Secretary to Hon'ble Minister in Charge of the Department
iii) Shri P. K. Bandyopadhyay, OSD to the Hon'ble MIC of Education Department
iv) Shri A. K. Sarkar, Deputy Director (GA Section), Directorate of School Education Department
v) Shri T. Panja, Senior Law Officer of the department.
I direct the petitioners to add all these persons of that comm
