It would not be Appropriate to Straightaway Direct CBI Investigation in a Recruitment related Controversy: Supreme Court
The Supreme court stated that it would not be appropriate to straightaway direct CBI Investigation in a recruitment related Controversy.
Background
The set of petitions arises out of a judgment of a Division Bench of the High Court sustaining, in substance a set of orders passed by a Single Judge directing investigation by the CBI into the allegations of irregularities in the recruitment process of Assistant Primary Teachers. Such recruitment took place through the Teachers Eligibility Test (TET) examination 2014 which was held in the year 2015.
Arguments
S. V. Raju, Additional Solicitor General, appearing for the CBI, submitted that his clients are in the process of uncovering a recruitment scam of extraordinary dimension and the investigation at this stage prima facie reveals exchange of monetary considerations for giving appointments.
Decision
The division bench of Justice Aniruddha Bose and Justice Vikram Nath opined that under normal circumstances, it would not be appropriate to straightaway direct CBI investigation in a recruitment related controversy unless, of course the allegations are so outrageous and the perpetrators of the alleged offences are so powerful that investigation by the State police would be ineffectual.
The bench observed that the reasons given by the Single Judge in directing investigation by the CBI at such an early stage of the proceeding may fall short of the standards laid down in the case of Sampat Lal case.
The bench directed the CBI to file a comprehensive report as regards the scope and nature of illegalities they have found in the subject recruitment process.
It was further opined 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.
The bench directed the CBI under the SIT to continue their investigation as directed by the Single Judge and file a comprehensive report before the Court within a period of four weeks as regards progress of the investigation.
The bench stayed the order removing Dr. Manik Bhattacharya passed by the Single Judge and confirmed by the Division Bench until further orders.
Case title: Dr. Manik Bhattacharya v/s Ramesh Malik and Others
Citation: SLP (Civil) no(s). 16325-16326 OF 2022
