Supreme Court Refuses To Stay CBI Probe In WB Teacher Recruitment Scam, But Stays Removal Of Board President & Cancellation Of 269 Appointments

The Supreme Court on Tuesday refused to stay the order passed by the Calcutta High Court for CBI investigation into the scam relating to the appointment of primary school teachers in the State of West Bengal.

A bench comprising Justices Aniruddha Bose and Vikram Nath observed that the High Court direction for CBI probe at an early stage "may fall short of the standards" laid down in the judgment in State of West Bengal and Others vs. Sampat Lal and Others [(1985) 1 SCC 317].  But considering the submission of the counsel for the CBI and the fact that investigation by the said agency has substantially progressed,  the bench said that it does not want to stall such investigation at this stage and wait to see if the State Police can carry on the same investigation impartially.

"We accordingly decline the plea of the petitioners to stay that part of the order impugned, by which continuance of the investigation by the CBI has been directed", the bench observed.

The Apex Court also stayed the High Court directing cancellation of 269 candidates, noting that they were not heard as parties. The Division Bench of the High Court had observed that the materials prima facie indicated a fraudulent exercise.

"Such orders reflect some kind of investigative role that was being undertaken by the Court itself in obtaining documents from the recruiting bodies. It was also not a case the respective appointments were of very recent origin", the Supreme Court observed in this regard.

"We are of the opinion that the part of the order of the Single Judge by which appointment of 269 candidates was terminated ought to be stayed and they also should be impleaded as party respondents in WPA No.7907 of 2019. Upon giving them opportunity of filing affidavits and hearing them, the Single Judge shall take appropriate decision, depending on the defence that may be taken by those candidates in the writ petition. In the event the Single Judge wants the investigation as regards their appointment to be conducted through the SIT already formed, he may direct so", the Court observed.

The Court also held that the High Court direction for removal of Dr.Manik Bhattacharya as the President of the West Bengal Board of Primary Education (WBBPE) "was flawed, not fulfilling the requirement of procedural fairness that is necessary to direct removal of a person from a public post".

"We are not observing here that the High Court cannot at all direct removal of any person from a public post. But ordinarily, such a course shall be taken in a quo warranto proceeding. Even otherwise, if the Court finds that an incumbent has appropriated a public post through deceit, the Court may hold him to be unfit for the post. But in this case the Court found him to be responsible for misinformation and for relying on questionable documents before the Court. In a case like this he should have been given appropriate opportunity to defend his position. At best, the Court could have directed him, pending his explanation, not to discharge his duties in the said post. The order of the Single Judge directing his removal accordingly shall stand stayed alongwith the order of the Division Bench which has confirmed the removal order".

But the Court did not direct the reinstatement of Dr.Bhattacharya on the ground that another person has already been appointed as the President of the Board.

In this background, the Court further observed :

"We accordingly hold that the present incumbent to the post of President, West Bengal Board of Primary Education shall continue to remain in the said post till final outcome of the writ petition before the Single Judge in which the directions of the said petitioner's removal was passed. Dr. Manik Bhattacharya shall be entitled to file affidavits to the writ petitions as also any additional affidavit taken out in connection with the said writ petitions which may contain allegations against him. The Single Judge shall take decision on this aspect as also on other points which may be urged in the pending writ petitions. Till then, the present incumbent to the post of President, West Bengal Board of Primary Education shall continue to discharge his duties in the said post and Dr. Manik Bhattacharya's position shall be dependent upon the outcome of the pending writ petition" .

The Court passed these directions on a batch of petitions filed by Dr.Manik Bhattacharya and the affected candidates.

The operative portions of the Court's order are as follows :

a). The CBI under the SIT shall continue their investigation as directed by the Single Judge and file a comprehensive report before this Court within a period of four weeks as regards progress of the investigation.

(b) (i). The order passed directing cancellation of 269 candidates by the Single Judge on 13th June 2022 and the part of the order of the Division Bench confirming that order shall stand stayed and remain in abeyance.

(ii). Each of these 269 individuals are directed to be added as a party respondent in WPA No.7907 of 2019 and they shall be entitled to file affidavits to defend their appointment to the said posts, if so advised. The appointing authority will proceed in accordance with law and take appropriate decision after the writ court adjudicates on legality of their appointments. This direction would be subject to any order that may be passed by this Court at a subsequent stage of this proceeding.

(c) (i). The order removing Dr. Manik Bhattacharya passed by the Single Judge and confirmed by the Division Bench shall remain stayed until further order of this Court. We, however, are not directing his reinstatement for the reason already disclosed in earlier part of this order. Dr. Manik Bhattacharya shall be entitled to defend his position in the writ petition by filing affidavits in respect of allegations made against him.

(ii). We have protected Dr. Manik Bhattacharya from any coercive steps that may have been taken by the CBI in course of the investigation. There was no allegation from the CBI in course of hearing of these matters that he was not cooperating with the investigation. It was, however, mentioned before us on 12th October 2022 that he has been arrested by the Enforcement Directorate. So far as CBI is concerned, let the order protecting him from coercive steps continue until further order.

The matter will be heard after four weeks.

Dr. Manik Bhattacharya vs Ramesh Malik and Ors. – SLP (C) No. 16325-16326/2022

Click here to read/download the order