2022 (12) TMI 1465 - HC - Indian Laws

Seeking grant of bail - Corruption - appointment of assistant teachers in Classes IX and X under the auspices of the Commission - HELD THAT - Perusal of the charge sheet and materials collected during investigation show petitioner was the Chairman of the Commission from January, 2014 till July, 2018. Under his supervision selection process for appointment to the post of assistant teachers for Class IX and X in Secondary and Higher Secondary Schools was initiated - undeserving candidates were issued recommendation letters to attend counselling and were given appointments. The present case involves offences under Prevention of Corruption Act and would not fall in Category A but Category D. In the said report, the Court referring to the observations in P. CHIDAMBARAM VERSUS DIRECTORATE OF ENFORCEMENT 2019 (12) TMI 186 - SUPREME COURT , inter alia, held the gravity of the offence, object of the special law and attending circumstances are to be taken note of in addition to the period of sentence. Each case has to be decided on its own merit. In SANJAY CHANDRA VERSUS CBI 2011 (11) TMI 537 - SUPREME COURT the Apex Court observed bail ought not to be denied merely on the sentiments of the community. A decision against the petitioner cannot be arrived at only on the score of sentiments of the community - Petitioner has been implicated in another case involving similar allegations. Enforcement Directorate has also been directed to initiate enquiry in the matter. He is in custody barely for three months. It is not prudent to release the petitioner on bail at this stage - bail application dismissed.

Summary

Issues:
1. Bail application of the former Chairman of West Bengal Central School Service Commission.
2. Allegations of corruption in the appointment of assistant teachers.
3. Role of the petitioner in manipulating the recruitment process.
4. Legal admissibility of evidence against the petitioner.
5. Categorization of the offense under the Prevention of Corruption Act.
6. Considerations for granting bail to public servants involved in corruption.
7. Impact of corruption on society and victims.
8. Decision on the bail application.

Analysis:

Issue 1: Bail application of the former Chairman
The petitioner, a former Chairman of the Commission, sought bail as he was arrested in a corruption case related to the appointment of assistant teachers. The investigation revealed a widespread conspiracy, and the petitioner cooperated during the inquiry. However, due to the gravity of the offense and pending trial commencement, the court rejected the bail application.

Issue 2: Allegations of corruption
The investigation uncovered manipulations in OMR marks, personality test scores, and issuance of illegal recommendation letters by the Commission. Undeserving candidates were selected, impacting the quality of education. The petitioner's alleged involvement in these illegal activities was a key concern raised by the CBI and the victims' representatives.

Issue 3: Role of the petitioner
The petitioner, as the head of the Commission, was accused of orchestrating the illegal appointment process. He allegedly instructed altering marks in OMR sheets and personality test scores to favor undeserving candidates. His actions compromised the integrity of the selection process and betrayed public trust, leading to the appointment of unqualified individuals.

Issue 4: Legal admissibility of evidence
The defense argued that there was no legally admissible material proving the petitioner's involvement in manipulating OMR marks. However, the court emphasized that conspiracies are inferred from the conduct of the conspirators and surrounding circumstances. The petitioner's leadership role and the extensive manipulations pointed to his prima facie culpability.

Issue 5: Categorization of the offense
The offense fell under Category D of the Prevention of Corruption Act due to its gravity and impact on society. The court considered the special nature of corruption cases involving public servants and the need to uphold public trust in fair administration while evaluating the bail application.

Issue 6: Considerations for granting bail
The court highlighted that bail for public servants involved in corruption requires a different approach due to its broader societal impact. The gravity of the offense, institutionalized corruption, and impact on aspiring candidates and students were crucial factors in denying bail to the petitioner.

Issue 7: Impact of corruption on society
The court emphasized the detrimental effects of corruption on society, particularly in public employment matters. The wrongful appointment of unqualified candidates not only deprived deserving individuals of opportunities but also undermined the quality of education in government schools, highlighting the far-reaching consequences of the offense.

Issue 8: Decision on the bail application
Considering the seriousness of the allegations, the petitioner's central role in the conspiracy, and the societal impact of corruption in public employment, the court rejected the bail application. The pending sanction by the appropriate authority was noted, emphasizing the need for a prompt decision to address the prima facie offense.

This detailed analysis of the judgment highlights the key legal aspects, arguments presented, and the court's reasoning behind rejecting the bail application in a corruption case involving the former Chairman of the Commission.