'Foul Play': Calcutta HC Contemplates Setting Up Inquiry Panel Headed By Rtd. HC Judge To Monitor Irregularities In Non-Teaching Staff Appointments By State Gov

The Calcutta High Court on Wednesday directed the West Bengal Central School Service Commission to immediately stop the payment of salaries to 25 appointees who had allegedly been recruited for the posts of 'Group-C' and 'Group-D' (non-teaching staff) in sponsored Secondary and Higher Secondary schools. The Court observed with dismay that 25 appointment letters had been issued by the West Bengal Board of Secondary Education despite no such recommendation having been issued by the West Bengal Central School Service Commission. 

Justice Abhijit Gangopadhyay on the previous date of hearing had taken on record a report filed by the Commission wherein the Commission had admitted that the panel and the waiting list for the posts of 'Group-C' and 'Group-D' had expired on 4th May, 2019. A notification published by the West Bengal Central School Service Commission on September 2, 2019 had also made a similar assertion. However, in spite of the expiry of the panel, 25 appointment letters had been issued by the West Bengal Board of Secondary Education containing reference of recommendations issued by different regions like Western Region, Northern Region, Southern Region and Eastern Region. In this regard, Justice Gangopadhyay had also sought the personal attendance of Secretary of the West Bengal Central Service Commission.

On Wednesday, Justice Gangopadhyay observed that 'some foul play' had been committed and accordingly observed,

"It has been submitted on behalf of the Central School Service Commission that, now they have taken instruction from all the concerned regions in respect of the 25 appointment letters issued by the West Bengal Board of Secondary Education on the basis of the so-called recommendation letters of the Commission, were not issued by any of the regions. So it appears that some foul play have already been committed in giving appointment on the basis of some recommendation letters which were not issued by the appropriate authority."

On the basis of suggestions by the government pleaders, Justice Gangopadhyay also observed that he is contemplating setting up an inquiry panel under the aegis of a retired judge of this High Court. 

"At the time of hearing at 3 p.m. today, learned advocate Mr. Samrat Sen, appearing for the State and also the learned Government Pleader and Mr. Vaisya, have submitted that the matter really requires some enquiry and they have suggested an enquiry by one retired judge of this High Court..I am taking some time to consider that", the order read. 

Directions Issued 

Accordingly, the Court issued the following directions and adjourned the matter for further hearing tomorrow i.e. on Thursday. 

• The Commission is directed to come up with an affidavit stating clearly that after 4th May, 2019 when the panel of Group D staff had expired, no region of the Commission, including the South-Eastern Region which was not named earlier, issued any recommendation letter to anybody. There must be a specific averment to this effect in the affidavit. The affidavit has to be filed tomorrow at 2 p.m.

• The 25 persons whose appointment letters have been filed today by way of supplementary affidavit, are to be made parties. For this purpose I direct the petitioners to come up with a cleanly typed paper giving names and addresses of those 25 persons tomorrow, which will be enclosed in the cause-title of the writ application by giving a page number and thereafter copies of the application are to be served upon those persons so that they can get an opportunity of hearing.

• As the Commission has submitted that no such letter of recommendation as has been mentioned in the supplementary affidavit filed today by the petitioners was issued by them, I direct the concerned District Inspector of Schools to stop their salary forthwith and the salary cannot be paid to them until further order. There is no question of giving approval of their services by any authority whatsoever.

Case Title: Sandeep Prasad & Ors v. State of W. B. & Ors

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