Calcutta High Court Directs CBI, ED To Place On Record List Of Beneficiaries In Teachers Recruitment Scam

The Calcutta High Court on Friday directed the Central Bureau of Investigation (“CBI”) and Enforcement Directorate (“ED”) to further enquire into the “Teachers Recruitment scam” in West Bengal, by investigating into the recruitment process of teachers, dating back to 2016, to individually identify those, who were hired outside of standard recruitment processes.

A single-judge bench of Justice Amrita Sinha placed on record the extent of financial recovery which had taken place during the investigation, for public interest, and ordered the investigating agencies to present a detailed report before the Court on the 29^th of August 2023. It observed:

“The ED has filed a report dated 14th July 2023, which mentions that proceeds of crime amounting to Rs 15 crore in moveable properties, in the form of bank accounts, shares, vehicles etc and 43 immoveable properties in the names of [the accused] and their family members, companies, and firms were identified and the same were attached by the ED dated 13th July 2023. A total of 350 crores in moveable and immoveable property have been generated by various accused persons in the Primary teacher’s recruitment scam only and the same has been utilized for the personal use and/or siphoned of or invested in movable and immovable properties. The proceeds of crime have also been invested in the Bengali Film Industries. The investigation reveals that total seizure and attachment in the case are 126.7 crore…More than 100 bank accounts are under investigation. The recruitment process is of the year 2016 and by this time approximately 42,949 teachers have been recruited so far. The Investigating Officers are directed to investigate from all corners and place on record the details of the beneficiaries of the scam particularly the teachers who actually got the service in lieu of cash paid through the agents or otherwise. The investigating authorities shall enquire and identify the teachers who were appointed in the said recruitment process. Let a further report be placed before this Court on 29th August.”

It was submitted by the petitioners, that a huge sum of money was pending in these scams, and accordingly names of beneficiaries especially the teachers who are still in service ought to be brought on record, so that the eligible candidates may be screened out to make way for eligible ones.

The ongoing investigation was criticised by the respondents on the grounds that the investigation report submitted by the ED was vague and that the investigation was being used by both he CBI and ED as a harassment tactic.

Notably, the respondents were unable to make their case against independent investigations, before a Bench of Justice Abhishek Gangopadhyay, who on the 13^th of April, had ordered an investigation in the Teachers recruitment scam by the CBI and ED.

Subsequently, a Special Leave Petition was preferred in the Supreme Court, which was disposed of by placing the matter before the then-Acting Chief Justice for reassignment to any other judge, than the one who had passed the earlier orders.

The case was reassigned to the Bench of Justice Amrita Sinha, who through its order dated 18^th May 2023, refused to interfere with Justice Gangopadhyay’s earlier order. Instead, the Court imposed costs of Rs 25 lakhs on the respondents, who included TMC MP Abhishek Banerjee.

Earlier this week, in another SLP filed before a Supreme Court division bench presided over by Chief Justice of India, DY Chandrachud, against the order dated 18^th May. The accused/petitioners therein, prayed for setting aside of the directions for an independent investigation, and for the payment of costs.

While setting aside the direction on costs, the Supreme Court in its order, refused to interfere into the directions of the Calcutta High Court order dated 18^th May 2023. However, the petitioners therein were given liberty to proceed through any other avenues, including under Section 482 of the CrPC for quashing of investigation.

The matter has been listed for further hearing on 29^th August 2023.

Case: Soumen Nandy Vs State of West Bengal And Ors. WPA/9979

Coram: Justice Amrita Sinha

Click Here To Read/Download Order