'Allegations Indicate Complicity Among Ministers': Calcutta High Court Dismisses State’s Appeal Against CBI Probe In Municipality Recruitment Scam

“In the present case, the subject matter is a scam of extraordinary dimension and the money trail and exchange of monetary considerations for giving appointments have extended to selection process of education as well as municipality. Such investigation cannot be scuttled on a purported plea that the learned Court had no jurisdiction to direct CBI investigation in recruitment of municipality since it was having determination over Group-II matters."

It said the wide language of Article 226 of the Indian Constitution has conferred upon High Courts, ample power to reach injustice wherever found.

"It is our considered view overly technical arguments of procedural incongruity must be cast aside. In other words, a reticent approach by the Court for the purpose of satisfying every subtlety of interpretation ought to be discouraged. In the present case, the menace of corruption has accorded the undeserved with an unfair advantage over the deserved and deepened the societal chasm between haves and have-nots...An uninterrupted and conclusive investigation into the connected schemes of corruption is the only means by which the perpetrators can be brought to justice,” it added.

The petitioners had approached the Court bringing to light the alleged illegality through which teachers were being hired in government schools in West Bengal. After several appeals, after which even the Supreme Court directed the continuation of investigation it was discovered that there was a purported trail of money between government officials and private companies being awarded tenders for activities such as printing of question papers, OMR sheets, etc.

It was also observed that the investigation till the present date, initially carried out by the Enforcement Directorate, had already unearthed hundreds of crores of illicit cash and gold from ministers and government officials. In the report, the bench noted, there were revelations that “alleged perpetrators of corruption in recruitment of teachers…have concocted a larger nefarious scheme of manipulating the recruitment process…across the State.” Taking exception to the complicity of elected ministers in deceiving common members of the electorate, the Court observed:

"Corruption is a reprehensible crime in a society and it is an assault on the faith of the common people upon officers and Ministers and people’s representatives. It defiles and degrades and shakes the confidence of the people at large upon the government. It causes psychological harm to the society at large leaving upon it indelible marks," the bench remarked.

In concluding, the Bench upheld the order of Justice Gangopadhyay’s decision to hand over the probe from the ED, which had been investigating the aforesaid scam since 2022, to the CBI and opined that the State government cannot stop an investigation into such large-scale instances of ministerial collusion and corruption on mere technicalities.

"Such investigation cannot be scuttled on a purported plea that the concerned Court had no jurisdiction to direct CBI investigation. It is our considered view, overly technical arguments of procedural incongruity must be cast aside. In other words, a reticent approach by the Court for the purpose of satisfying every subtlety of interpretation ought to be discouraged."

Case Title: State of West Bengal v Soumen Nandy

Coram: Justice Tapabrata Chakroborty and Justice Partha Sarthi Chatterjee

Citation: 2023 LiveLaw (Cal) 164

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