Back
2022 Supreme(Cal) 65
IN THE HIGH COURT OF JUDICATURE AT CALCUTTA
Abhijit Gangopadhyay, J.
Sandeep Prasad And Others - Appellant
Vs.
The State Of West Bengal And Others - Respondent
WPA 12266 of 2021 with CAN 1 of 2021, CAN 2 of 2021, CAN 3 of 2021, CAN 4 of 2021 and CAN 5 of 2021
Decided On : 15-02-2022
Advocate Appeared:
For the Appellant :Mr. Bikash Ranjan Bhattacharya, Sr. Advocate, Mr. Sudipta Dasgupta, Mr. Bikram Banerjee, Mr. Arkadeb Biswas, Ms. Dipa Acharyya, Mr. Arka Nandi, Adv.
For the Respondent:Mr. Soumendra Nath Mookherjee, Advocate General, Mr. Anirban Ray, Govt. Pleader, Mr. Bhaskar Prasad Vaisya, Mr. Joydip Banerjee, Mr. Saaquib Siddiqui, Mr. Aviroop Mitra, Dr. Sutanu Kumar Patra, Ms. Supriya Dubey, Ms. Koyeli Bhattacharyya, Adv.
Non-compliance with court orders and disrespect towards the court can lead to dissolution of a committee and reinstatement of alternative measures for inquiry.
Headnote:
Committee Dissolution - Inquiry - 22nd November, 2021, 6th December, 2021 - CBI Act, Section 4 - Prevention of Corruption Act, Section 13(1)(d) - Dissolution of Committee for non-compliance with court orders and reinstatement of CBI inquiry.
Fact of the Case:
The Committee formed by the Division Bench failed to comply with court orders to file interim reports and minutes of meetings, leading to its dissolution. The court reinstated a CBI inquiry.
Finding of the Court:
The Committee showed disrespect to the court by not filing required reports and was dissolved. CBI inquiry was reinstated due to the Committee's failure.
Issues: Non-compliance of the Committee with court orders, dissolution of the Committee, reinstatement of CBI inquiry.
Ratio Decidendi: The court held that the Committee's failure to comply with court orders and show disrespect warranted its dissolution and reinstatement of CBI inquiry.
Final Decision: The Committee was dissolved for non-compliance, and CBI inquiry was reinstated. CBI was directed to initiate the inquiry and file a preliminary report by a specified date.
ORDER :
1. On 9th February, 2022 I passed certain orders in respect of this matter wherein inter alia I directed the Committee, formed by the Division Bench, to file interim report on 14th February. But the Committee did not file any such report before this court. Nobody also appeared before this court on behalf of the Committee on 14th February to intimate this court as to why the report could not be filed.
2. By the said order dated 9th February, 2022 I also directed the Committee to file the minutes of the meetings, conducted by the Committee, in the meantime, i.e., from the date of the order of the appeal court till 6th February, 2022.
3. One of the Committee members, I am told filed one supplementary affidavit against the order passed by this court on 09.02.2022 in connection with an application filed by one of the Committee members before the Division Bench for extension of time by four months.
I am further told that, (though the order passed yesterday, i.e., 14th February, 2022, is not available to the parties) the whole of the order in connection with the directions given to the Committee by this court has not been interfered with.
4. This morning when the matter was taken up, I wanted to know from the learned Registrar General of this court as to why the order passed on 14th February, 2022 by the appeal court is not available. But till now no such intimation has been given to this court by the Registrar General.
5. Today also I find that nobody is appearing on behalf of the Committee which was directed to file the interim report and the minutes of the meeting. The minutes of the meeting were to be filed in a sealed cover.
6. The Division Bench while dealing with the order passed by this court on 6th December, 2021 actually replaced the agency for conducting the enquiry and instead of Central Bureau of Investigation (CBI, in short) had formed the Committee with some persons and one retired Judge at the top of it. The Division Bench in its order dated 6th December, 2021, whereby it formed the Committee, categorically and in unequivocal terms held that an extensive inquiry to be undertaken and the bench felt that if the 'entire inquiry' is monitored by a retired Judge of this Court upon constituting a Special Team, it would sub serve justice. This is found from page 7 of the said judgement and order of the Division Bench. In page 8 of the order of the Division Bench it has been recorded by the Division Bench that it appointed one retired Judge of this court as Chairperson to monitor the entire process of enquiry under whose supervision and surveillance the inquiry team would act.
7. In my order dated 22nd November, 2021 I directed the Director, Central Bureau of Investigation (CBI) to constitute a committee headed by an officer, not below the rank of Joint Director with officers not below the rank of DIG, to initiate the inquiry and it was the expectation of the court that no person would be left out of this inquiry. CBI was further directed to inquire a very important part of the serious illegality and irregularity as to whether there was any money trail in issuance of such recommendation letters and subsequent issuance of appointment letters to the persons. I directed the CBI to file a preliminary report on 21st December, 2021.
8. As CBI was replaced by the Committee by the order of the Division Bench dated 6th December, 2021 and as the Division Bench categorically held that the entire process of inquiry is to be conducted and the entire inquiry is to be monitored by a retired Judge of this High Court, I find that question of money trail is within the purview of this Committee constituted by the Division Bench.
9. Today also nobody appears for the Committee. On the last occasion also nobody appeared for the Committee. I am told today by the learned advocate for the petitioners and the learned Government Pleader that this part of my order regarding filing of interim report and the filing of the minutes of the meeting in sealed c
