Calcutta High Court Orders CID Probe Into Law College Principal, Says Anti-Fraud Dept Failed To Properly Investigate Alleged Financial Irregularities

The Calcutta High Court has directed the State’s Crime Investigation Department (“CID”) to conduct a probe into Dr Sunanda Goenka, principal of Jogesh Chandra Chaudhuri Law College in a plea by an erstwhile General Secretary of the College’s Students Union complaining of offences of financial impropriety, forgery, etc. committed by the College’s Governing Body.

Earlier, Justice Abhijit Gangopadhyay had ordered the removal of Goenka as principal, upon noting that she was underqualified for her role, an order which was overturned by a division-bench which noted that the single-judge ought not to have dismissed her without due hearing.

Today, Justice Gangopadhyay directed a CID probe into Goenka upon noting that the police’s anti-fraud unit which had investigated the allegations earlier, had failed to do so properly. It ordered:

I find that the Anti-Fraud Section has failed to investigate the matter properly and, therefore I direct the Criminal Investigation Department of this State to start investigation of the matter forthwith (i.e. from today itself) and to interrogate Smt. Sunanda Goenka. In respect of this CRR 3568 of 2019 there was an order of this court for not taking any coercive step till 05.02.2022 that has expired. Therefore, today there is no impediment for the Investigating Agency if the C. I. D. takes steps forthwith in all respects against the said Smt. Sunanda Goenka.

Petitioner argued that he had earlier raised objections against the financial improprieties and “serious illegal acts” committed by the members of the governing body of the college, and had lodged a complaint before the Charu Market police station, which was not considered, leading to him moving an application u/s 156(3) CrPC.

Upon orders of the Magistrate, the petition was treated as an FIR, which was registered under Sections 420/467 etc. of the IPC for offences of forgery, cheating, etc. levelled against the accused.

Petitioners submitted that the final report dated 2022, was filed by the Anti-fraud section of the detective department, and that a notice under Section 41A of the CrPC had been served upon accused Sunanda Goenka.

Petitioners counsel submitted that the relevant Section 467 of IPC prescribes a minimum punishment of 10 years, and that a Section 41A notice would not be required in such cases, in spite of which such an undue advantage not prescribed within the laws of the land, was given to Goenka.

Report says that she was recommended as member of the College as per Government Rules and Regulations which was intimated to them by the College Service Commission. It is clearly avoided by the said Anti-Fraud Section as to what were the Government Rules and Regulations. Here the said Anti-Fraud section has acted like a gullible child, it was submitted.

Accordingly, in recording these submissions, the Court noted that an investigation by the CID into the issue would be imperative in light of the failings of the anti-fraud department, and directed it to probe Goenka and interrogate her forthwith.

Matter has been placed on 17^th October for taking on record he preliminary report filed by the State.

Case: Neil Basu v State of WB & Ors

Case No: WPA 24065 of 2023

Click Here To Read/Download Order