SSC 'Group-D' Recruitment Scam: Calcutta HC Expunges Single Bench Remarks Against Inquiry Committee; Extends Time For Filing Report By 4 Months

The Calcutta High Court on Monday extended the time granted to the Court appointed inquiry committee to submit its report in respect of the alleged irregularities in the appointment of 'Group-D' (non-teaching 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).

A Bench comprising Justice Harish Tandon and Justice Rabindranath Samanta observed on Monday, 

"We extend the time by 4 months from date to complete the enquiry"

The Division Bench took into account that substantial progress had been made by the inquiry committee and that a good number of people were left to be interrogated by the committee for disclosure of facts. Hence, the Bench extended the time granted to the committee for filing of the inquiry report by 4 months. 

The Bench further expunged the adverse remarks made by Justice Abhijit Gangopadhyay in its order dated February 9 against the inquiry committee pursuant to the request made by the concerned counsels. The Bench ordered that the adverse remarks should not form a part of the record and shall be treated as expunged. 

It may be noted that Justice Gangopadhyay last week had come down heavily on the inquiry committee for the delay in filing of the inquiry report and had further observed with dismay that none of the committee members or none on behalf of the committee were present before the Court during the hearing.

"The appeal court mandated the committee to file the report by two months from the date of the order of the appeal court. The order of the appeal court was passed on 6th December, 2021. Today we are on 9th February, 2022. Although the said mandatory period of two months have elapsed, not only no inquiry report has been submitted before this court but also nobody of the committee, or on behalf of the committee, did care to appear before this court. This non-appearance is taken very very seriously by this court", Justice Gangopadhyay had observed.

He had further directed the inquiry committee to file an interim report by February 14, 2022 as to the stage they have proceeded in inquiry of the corruption and the angle of money trail, if any, till date.

Earlier, the Division Bench had quashed Justice Abhijit Gangopadhyay's earlier order wherein a Central Bureau of Investigation (CBI) probe had been ordered into the alleged irregularities in the appointment of 'Group-D' (non-teaching staff) in sponsored Secondary and Higher Secondary schools.

The Division Bench had further set up an inquiry committee headed by Justice Ranjit Kumar Bagh, former judge of the Calcutta High Court. The other members of the committee includes Asutosh Ghosh, Member of West Bengal School Service Commission, Paromita Roy, Deputy Secretary (Administration), West Bengal Board of Secondary Education and advocate Arunava Banerjee, a practicing lawyer of the High Court.

During the hearing, senior advocate Bikash Ranjan Bhattacharya took serious exception to the fact that a member of the inquiry committee had filed the instant application seeking extension of time thereby treating the present litigation as adversarial. He submitted before the Bench that it is a usual practice of this Court that on oral mentioning time is extended for the completion of the onerous task imposed upon the committee. 

While appreciating the concern raised, the Bench accepted the application filed for extension of time by the inquiry committee and further observed, "If some records are required for considering prayer for extension, such record should form part of the proceeding."

Background 

In 2016, the State government had recommended the appointment of about 13,000 non-teaching staff in different government aided schools and accordingly the WBSSC had conducted examinations and interviews periodically and thereafter a panel had been constituted. The term of the panel had ended in 2019. However, subsequently, there were widespread allegations that the Commission had made several irregular recruitments close to almost 500 even after the expiry of the panel.

Last week, Justice Gangopadhyay had directed the concerned District Inspectors of Schools to not pay any further salary to 573 candidates who had allegedly been appointed for the post of 'Group-D' (non-teaching staff) in sponsored Secondary and Higher Secondary schools under the WBBSE despite no such recommendation by the WBSSC. It had been further ordered that the salary already paid to the 573 candidates must be recovered from from them by using the relevant laws, both civil and criminal.

Justice Gangopadhyay had placed reliance on Section 9 of the West Bengal School Service Commission Act, 1997 and had further remarked, "From the above provision of the Act, it is clear that the appointment of the said 573 candidates are wholly invalid and have no effect for want of recommendation by the commission and, therefore, they cannot work in a school as a recommended candidate by the Commission and their appointment letters of the Board are of no effect. All such appointments given to such 573 candidates are invalid and of no effect." It was further underscored, "In view of such illegality, irregularity and indication of mind boggling corruption in public appointment in schools, where salaries are paid from the public exchequer, a writ court, being a court of equity cannot turn a blind eye to the facts which have come before it by way of affidavits."

The Court on November 17, 2021 had also 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.

Furthermore, the Court on November 23, 2021 had also taken on record the affidavit filed by the West Bengal Board of Secondary Education, the contents of which the Court had labelled as 'really surprising'. The Board had apprised the Court that it is in possession of original recommendations issued by the Commission with District Inspector of Schools memo mentioned upon its recommendations and the entire data had been received by them in hard copies. Justice Gangopadhyay had noted that this shows that recommendations came from the Commission, be it West Bengal Central School Service Commission or West Bengal Regional School Service Commission, and accordingly the Board issued the appointment letters.

Case Title: West Bengal School Service Commission v. Sandeep Prasad and Ors 

Case Citation: 2022 LiveLaw (Cal) 48

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