Allahabad High Court Dismisses Review Plea Against CBI Probe Into UP Assembly Staff Recruitment 'Irregularities'

The Allahabad High Court on Tuesday dismissed a review plea filed by the UP Vidhan Parishad against an order of the HC passed last month directing the CBI to conduct a preliminary probe into the 'irregularities' in the recruitment of staff for the secretariat of the State Legislative Assembly and Council in 2022-23.

The bench of Justice Attau Rahman Masoodi and Justice Om Prakash Shukla that the prima facie, the alleged irregularities indicate that it was not less than a recruitment scam, wherein hundreds of recruits were illegally and unlawfully recruited by an external agency of shaken credence.

However, the Court added that it was not necessary to narrate the allegations in it order, nor is it appropriate to return a finding with regard to the existence of materials justifying the enquiry to be referred to CBI, when the Court has only called for a preliminary report from an independent investigation agency.

"We don’t wish to cause any embarrassment to the establishment or dent the image of any high level individuals, unless the facts are verified by the said agency. It is only when, we pass final order in the matter that we shall find our reasons for the course that we have adopted in the matter," the Court further remarked.

The Court made these observations in the review plea which was filed on the ground that no finding of criminality was contained in the High Court's order of 18th September and as such, in the absence of any criminality, leading to a prima facie satisfaction for registration of a PIL, the impugned order required a review.

However, the Court opined that the fundamental ground of “error apparent” for the maintainability of any review application had not been made out by the applicants/review petitioners and as such, the application lacked merits and deserved to be dismissed. 

The Court also noted that a detailed reasoning and finding was deliberately not contained in its order, it further remarked thus:

"...we have consciously chosen not to delve into the aspect of criminality as the same would adversely affect the preliminary enquiry, which has a wide ramification on the whole recruitment process starting from engaging the agency to the manner in which the recruitment examination was conducted and as to how the final results were manipulated to accommodate underserving candidates as an act of apparent nepotism, favouritism and fraud. This Court in its wisdom has held its cards of its sleeves and the reason for doing it are not far and wide, keeping in view the serious manipulation prima facie observed in this matter."

Importantly, the Court also observed that the specific instances regarding the allegations made in the Special Appeal and Writ Petition were grave. It also noted that several allegations regarding serious nepotism and collusion on the part of the officers in securing appointments for their favoured persons have been alleged, which, if found correct, not only flagrantly violate Articles 14 and 16 of the Constitution of India, but also expose senior officers involved in the recruitment exercise to penal consequences.

With these remarks, the Court dismissed the review plea.

Case title - Legislative Council Lko. Thru. Prin. Secy And 2 Others vs. Sushil Kumar And 11 Others along with a connected matter 2023 LiveLaw (AB) 360

Case Citation: 2023 LiveLaw (AB) 360

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