Teaching recruitment 'scam': SC stays Calcutta HC order on CBI probe into 'source' of application
Nov 25, 2022
New Delhi [India], November 25 : In an interim order, the Supreme Court on Friday stayed the Calcutta High Court order, directing the CBI to start an inquiry into the source of an application in connection with alleged irregularities in the appointment of teachers through the West Bengal Central School Service Commission.
A bench of Chief Justice of India DY Chandrachud and Justice Hima Kohli issued a notice to the respondent in the plea.
"Pending further orders, the orders of the Single Judge (Calcutta HC) dated 23 November 2022 and the order of the Division Bench (Calcutta HC) dated 24 November 2022 shall remain stayed," the court said.
"No further consequential steps shall be taken in pursuance of the impugned orders of the Single Judge which have been affirmed by the Division Bench. The direction to the CBI to investigate at whose behest the interim application was filed before the Single Judge shall accordingly remain stayed," the court said.
On November 23, a single-judge of the Calcutta High Court held that prima facie, the application filed by the Commission is a 'benami application'. The Single Judge proceeded to enquire of the counsel as to whether or not he had drafted the application.
Though a request appears to have been made before the high court to withdraw the application, it declined to allow the withdrawal on the ground that it would enquire into "who are pulling the strings from behind such application".
The proceedings were listed thereafter at 3 pm on the same day.
At 3 pm on the same day, the files were produced before the high court in pursuance of its earlier directions. The single judge directed the CBI to commence an inquiry with regard to the source from which the application originated.
The proceedings were thereafter listed at 10.30 am November 24, on which date the principal secretary to the West Bengal government was directed to appear personally to answer some of the questions that the single judge intended to address since "the filing of such an application is clearly not the brainchild of the Commission".
The orders of the single judge were challenged before the division bench of Calcutta HC, which dismissed the appeals.
West Bengal then moved the Supreme Court against the order of the Calcutta High Court.
