SSC 'Group-D' Recruitment Scam: Calcutta HC Orders CBI Probe Despite Division Bench's Earlier Order Quashing Such A Probe; Appeal Filed Before Division Bench

In an unprecedented development, the Calcutta High Court on Tuesday ordered the Central Bureau of Investigation (CBI) to conduct a probe into 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). 

Such an order was passed by Justice Abhijit Gangopadhyay on Tuesday despite the fact that a Division Bench of the High Court had quashed Justice Gangopadhyay's earlier order wherein a similar CBI probe had been ordered into the alleged recruitment scam. 

A Division Bench comprising Justice Harish Tandon and Justice Rabindranath Samanta had quashed the order directing for a CBI probe and 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.

On Tuesday, Justice Gangopadhyay expressed displeasure at the functioning of the inquiry committee constituted by the Division Bench and accordingly proceeded to dissolve the inquiry committee. The Court observed that despite its earlier order, the inquiry committee had not submitted its interim report or the minutes of the minutes of all the meetings conducted by the committee. 

"I hold that the Committee has clearly shown disrespect to this court in not filing the interim report and in not filing the minutes of the meetings. The Committee has also not shown any reason as to why it has not filed the interim report and as to why it has not filed the minutes of the meeting in a sealed cover. Therefore, I have no other alternative but to hold that for last more than two months the Committee has not taken any meaningful steps in the inquiry of the entire process. It is not understood what is the preventing factor acting against the Committee for nor filing the interim report and not filing the minutes of the meeting before this court", Justice Gangopadhyay observed. 

Opining further that satisfaction of the court is necessary for continuation of the committee, Justice Gangopadhyay dissolved the inquiry committee by directing, 

"This show of enough disrespect to this court by the Committee will not be tolerated and is not tolerated by this court and I dissolve the Committee keeping in mind that the committee is not acting under the Division Bench and the Division Bench is not in seisin of the committee and it is the order of the Division Bench that this committee is to file report before this single bench. Therefore satisfaction of this court is necessary for continuation of the committee. I am wholly dissatisfied with the committee and it is not required to function further in this matter. The Committee shall have no power to inquire into the matter from today."

The Court further directed the members of the dissolved Committee to produce the interim report and the minutes of the meeting in a sealed cover by tomorrow, i.e.. on February 16, 2022. 

Pertinently, the CBI was directed to constitute a committee, headed by an officer not below the rank of a Joint Director, with officers not below the rank of DIG to initiate the inquiry into the alleged recruitment scam. The Court also ordered the CBI to file a preliminary report in this regard on March 16, 2022. 

The CBI was also directed to contact the Chairperson of the Committee Justice Ranjit Kumar Bagh and to collect all papers in respect of this matter from his custody and to appear before the Court tomorrow i.e. on February 16. The Court further directed the Central Reserve Police Force (CRPF) to keep a vigil on the office of the Committee and accordingly observed, 

"Till CBI enters the office of the Committee, if there is any, no other person, whoever he may be, will enter the office from now and the Central Reserve Police Force (CRPF) is directed to place vigil immediately with sufficient force in the office of the Committee so that nobody can enter in the said office till CBI completes its duty there."

The Court is slated to hear the matter again tomorrow i.e. on February 16 at 11 am. 

Appeal Filed 

Against the order of Justice Gangopadhyay, the WBBSE as well as the WBSSC moved the Division Bench comprising Justices Harish Tandon and Rabindranath Samanta on Tuesday. Advocate General S.N Mookherjee prayed for a stay of the order directing for a CBI inquiry and further implored the Division Bench to also impose a stay on further proceedings. 

Senior advocate Bikash Ranjan Bhattacharya appearing for the aggrieved candidates agreed to the request made for a stay on the CBI probe however he opposed the prayer made by the Advocate General seeking a stay on further proceedings. He apprised the Bench that if illegal appointments had been made then it should be unearthed. 

Pursuant to the submissions, the Division Bench agreed to hear the appeal at 4 pm today and further remarked, "We can extend the scope of the inquiry committee if required..everything should be unearthed". 

Subsequently, the Division Bench imposed a stay for 2 weeks on the impugned order and also on any further proceedings before the Single Bench. 

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 also 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. 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.

"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.

Subsequently, the Division Bench comprising Justice Harish Tandon and Justice Rabindranath Samanta extended the time granted to the inquiry committee to submit its report by 4 months. Pertinently, the Division Bench also 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 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.

Also Read: SSC 'Group-D' Recruitment Scam| 'Judicial Discipline Totally Shattered': Calcutta HC Stays Single Bench Order On CBI Probe & Further Proceedings For 2 Weeks

Case Title: Sandeep Prasad and Ors v. State of West Bengal 

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