SC stays CBI probe against West Bengal government officials in teachers recruitment scam

Supreme Court

The Supreme Court on April 29 stayed the portion of the Calcutta HC order that directed the Central Bureau of Investigation (CBI) to undertake further investigations and if necessary take custody of persons from the West Bengal government-created supernumerary post to accommodate illegal appointments.

The SC stayed the portion of the order as the lawyers appearing for the government of West Bengal argued that the whole cabinet of the state is under threat of being arrested owing to this direction. According to the lawyers, such an order will cause a great disadvantage as the country is in the middle of elections, at present.

A bench led by Chief Justice of India DY Chandracud, however, refused to stay the order of Calcutta High Court which directed the termination of nearly 25,000 teaching and non-teaching staff appointed through a 2016 state-level test in West Bengal owing to the so-called teacher recruitment scam.

Many lawyers who appeared for various parties argued that the Calcutta HC had gone beyond its scope of the case by ordering the termination of these teachers. Furthermore, according to these lawyers, the CBI has proven the involvement of 8,000 people thus far, however, nearly 25,000 people have been terminated.

CJI Chandrachud noted that the order, which terminates so many people, is a serious action. The CJI also agreed to analyse and hear the case 'thread bear' on May 6, when it comes up for hearing.

On April 22, the court, in addition to canceling these appointments, also declared the entire school service commission recruitment panel of 2016 "null and void", as a consequence of which all appointments from 9th to 12th and groups C and D where irregularities were found stood cancelled.

Furthermore, a two-judge bench of the Calcutta high court, while ordering the board to conduct fresh recruitment, also directed a section of persons who were found to have been recruited illegally to return their salary in four weeks.

The Central Bureau of Investigation (CBI) and the Enforcement Directorate are presently looking into the alleged scam. The CBI named 12 people, including the former chairman of the West Bengal School Service Commission Subiresh Bhattacharya. The scandal surfaced following the arrest of Partha Chatterjee, a Trinamool Congress leader who served as the minister of education in the state government until his arrest.