SC stays CBI probe in alleged municipality recruitment scam
The Supreme Court in the case State of WB v. Soumen Nandy And Ors observed and has stayed the order of Calcutta High Court, wherein the court directed the transfer of investigation of the matter pertaining to alleged irregularities for the recruitment of municipality staff, to the Central Bureau of Investigation, CBI.
The bench headed by CJI DY Chandrachud and
Justice PS Narasimha in the case observed and has noted that the notice of proceedings have not been served to the State of West Bengal and that the same would be appropriate for the State in order to make submissions before the court on the said position.
The counsel, Senior Advocate Kapil Sibal, appearing for the State of West Bengal submitted before the court that the State of West Bengal was not served of the proceedings and no notice is issued of proposed direction to Central Bureau of Investigation, CBI to probe the matter. Thus, the same was being brought to the notice of the bench that it has been recorded by the High Court that no-one appeared on behalf of the State.
The bench headed by CJI DY Chandrachud in its order stated upon the submissions made by sibal that in interest of justice, this court is of the view that the State of West Bengal should be heard on the issue of whether the investigation can be initiated by the Central Bureau of Investigation, CBI. Therefore, in the case the State is being permitted to file a review before the High Court within a period of three days. Thus, the High Court in the case shall take up the review immediately.
Further, the bench in the case directed a stay on investigation by the CBI for a period of one week.
It has also been submitted by ASG SV Raju, appearing for the respondents before the court that such a stay should not be granted as crucial evidence could be destroyed off in the meantime, thus, the Apex Court in the case not budge and stayed the investigation.
The court in the case passed the impugned order by a single bench of Justice Abhijit Gangopadhyay, the court while taking note of the Enforcement Directorate’s findings in the probe into the teacher recruitment scam. It has also been noted by the bench that there being common elements in both the cases.