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Synopsis

 

The Supreme Court on Monday dismissed a plea filed by State of West Bengal, against single bench order of the Calcutta High Court, directing the (CBI) Central Bureau of Investigation and Enforcement Directorate (ED) to investigate the matter relating to the scam of municipality recruitments in the State of West Bengal. The Trinamool Congress MP and Mamata Banerjee’s close aide will not be protected against interrogation.

A bench of CJI DY Chandrachud, Justices JB Pardiwala and Manoj Misra pointed out that it was satisfied that two scams, the West Bengal Teachers recruitment scam and the state’s Municipal Recruitment scam was interlinked.

On April 21, the single bench judge of Justice Abhijit Gangopadhyay from the Calcutta High Court, had ordered a CBI and ED probe into the Municipality Recruitment scam, which was allegedly uncovered by the Enforcement Directorate while investigating the SSC teachers' recruitment scam.

Today, during the hearing, Additional Solicitor General SV Raju (ASG), appearing for the Central Agency, informed the bench that 350 crores was taken as bribes to grant positions to teachers who lacked merit.
"Manik Bhattacharyya was also involved. We are investigating the teachers' recruitment scam. Many OMR sheets were destroyed. Even the education minister was arrested,” added the ASG.

Kapil Sibal, appearing for the state told court that the ED had no role to play in the present case as there was no money laundering allegation.

The CJI however said, “CBI investigation has concluded and time has passed since the May order. How can we say there was a lack of material before the High Court? It is evident that the municipal recruitment and teachers recruitment scams are connected as the same person was preparing the OMR sheets."

The issue concerned alleged irregularities in the appointment of 'Group-D' staff in sponsored Secondary and Higher Secondary schools under the West Bengal Board of Secondary Education (WBBSE) on the purported recommendation by the West Bengal Central School Service Commission (WBSSC).

On April 13, Calcutta High Court had directed the West Bengal Police not to lodge any FIR against CBI and Enforcement Directorate officers who are investigating the scam.

Four days later, on April 17 the Supreme Court stayed the earlier order passed on April 13, order directing the Central Bureau of Investigation (CBI) and Enforcement Directorate (ED) to question Trinamool Congress general secretary Abhishek Banerjee in the ongoing probe concerning the infamous "bribes for jobs" scam.

Background: 

In this case, an application was filed by the ED with a specific pleading that while investigating the teachers’ appointment scam, it came across the Municipality Recruitment Scam in the State which got intermingled on account of common agents and common beneficiaries. It was further prayed that a separate FIR for investigation of Municipality Recruitment Scam under the relevant provisions of IPC and Prevention of Corruption Act by the predicate agency (meaning thereby CBI) would be required.

The Court of Justice Abhijit Gangopadhyay had observed that the CBI will file a report regarding the steps that will be taken by them after the order is passed.

Court said, “I direct the Director General of Police of this state and the Chief Secretary of this State to instruct all Departments concerned under them to help and assist the CBI and ED in their functioning while investigating the scam if so requested by CBI and by ED."

Case Title: State of West Bengal Vs. Soumen Nandy & Ors.