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2023 Supreme(Cal) 120

TAPABRATA CHAKRABORTY, PARTHA SARATHI CHATTERJEE
State of West Bengal – Appellant
Versus
Soumen Nandy – Respondent


Advocates Appeared:
For the Appellant : Mr. Kalyan Kumar Bandopadhyay, Mr. Jaydip Kar, Mr. Sirsanya Bandopadhyay, Mr. Arka Kumar Nag.
For the Respondents: Mr. Bikash Ranjan Bhattacharyya, Mr. Firdous Samim, Ms. Gopa Biswas, Ms. Mousumi Hazra, Ms. Payel Shome, Ms. Purba Mukherjee, Ms. Sampriti Saha.
For the E.D. : Mr. Dhiraj Trivedi, Mr. Samrat Goswami.
For the CBI : Mr. Billwadal Bhattacharya, Mr. Amajit De, Mr. Arijit Majumdar.

JUDGMENT :

(Tapabrata Chakraborty, J.)

1. A legal tussle has spiraled up to this Court seeking a quietus to the primary issue as to whether the learned Single Judge had the jurisdiction to direct the Central Bureau of Investigation (in short, CBI) to carry on investigation in the municipality recruitment scam while considering an application being CAN 2 of 2023 filed by the Enforcement Directorate (in short, ED) in connection with a writ petition preferred alleging illegalities perpetrated in a selection process conducted for appointment to the posts of teachers in primary schools and in which the Department of Urban Development and Municipal Affairs was not even arrayed as a party respondent.

2. The case has a chequered history. The writ petition being W.P.A. 9979 of 2022 was affirmed in the month of June, 2022 alleging inter alia that many candidates who did not even pass the Teacher Eligibility Test (in short, TET) were appointed as assistant teachers in several primary schools. By an order dated 13th June, 2022, the Writ Court directed CBI investigation. In an appeal preferred against the said order, the Hon’ble Division Bench delivered a judgment on 2nd September, 2022 observin

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