Not appropriate to straightaway direct CBI investigation in a recruitment related controversy, remarks Supreme Court
The Top Court made these observations while upholding the order directing CBI investigation into the TET recruitment scam in West Bengal, as the Court was informed by CBI that investigation by it had substantially progressed.
The Supreme Court on Tuesday remarked that under normal circumstances, it would not be appropriate to straightaway direct the Central Bureau of Investigation (CBI) to investigate in a recruitment related controversy.
Court held that such investigation may be ordered, when the allegations are so outrageous and the perpetrators of the alleged offences are so powerful that investigation by the state police would be ineffectual.
These observations came to be made by a division bench comprising Justices Aniruddha Bose and Vikram Nath in a challenge made to a single judge order of the Calcutta High Court directing investigation by the CBI into the allegations of irregularities in the recruitment process of assistant primary teachers.
The concerned recruitment took place through the Teachers Eligibility Test (TET) examination 2014 which was held in the year 2015.
Apart from ordering investigation by CBI into the recruitment scam, the single judge bench had also invalidated appointment of 269 candidates and had removed Dr. Manik Bhattacharya from the post of President of the West Bengal Board of Primary Education.
This order was upheld by the division bench of the high court.
The top court considered the submission made by Additional Solicitor General SV Raju, appearing for CBI, that the CBI was in the process of uncovering a recruitment scam of extraordinary dimension and the investigation at this stage prima facie reveals exchange of monetary considerations for giving appointments, and held,
"... considering the submission of learned counsel for the CBI and the fact that investigation by the said agency has substantially progressed, we do not want to stall such investigation at this stage and wait to see if the state police can carry on the same investigation impartially. We accordingly decline the plea of the petitioners to stay that part of the order impugned, by which continuance of the investigation by the CBI has been directed."
Further, the CBI has also been directed to file a comprehensive report regarding the scope and nature of illegalities they have found in the recruitment process.
Moreover, referring to the cancellation of appointment of 269 candidates, court said that the order reflected some kind of investigative role that was undertaken by the court itself in obtaining documents from the recruiting bodies.
"We are of the opinion that the part of the order of the single judge by which appointment of 269 candidates was terminated ought to be stayed and they also should be impleaded as party respondents... ", the court ordered.
Furthermore, regarding the case of President of the Board, the top court held that the order of his removal by the high court was flawed and accordingly stayed the same, as it was passed by not fulfilling the requirement of procedural fairness that is necessary to direct removal of a person from a public post.
But at the present stage, court has not directed his reinstatement in the same post as the State Government itself has already engaged someone else as the president of the board.
Case Title: Dr. Manik Bhattacharya vs. Ramesh Malik and Others