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2022 (6) TMI 1519 - HC - Indian LawsMaintainability of the writ application - delay in filing application - corrupt practices in the recruitment of primary school teachers - HELD THAT - Serious allegation by one responsible person, who was none other than the Ex-Additional Director of CBI and a Cabinet Minister of the State Government in the first five years of the Government, has come before this court which is serious corrupt practice. This aspect is to be thoroughly investigated by the CBI and such investigation is required to be started forthwith. The Police of this State is otherwise very efficient but controlled by some persons in power and cannot act freely which is common knowledge and without showing any disrespect to the Police authority it is held that CBI is the appropriate authority to investigate the matter. CBI shall have every power to call and interrogate the said Chandan Mondal and it is expected that the erstwhile Additional Director, Mr. Upendra Nath Biswas will fully cooperate with the CBI to expose the scam of selling jobs as has been alleged. The CBI shall register a case in this regard and start investigation. CBI shall have every power to take into custody the said Chandan Mondal for interrogation if he does not cooperate with CBI. This matter will appear on 15th June, 2022 when the report of the West Bengal Board of Primary Education will be filed in the form of an affidavit and a status report of CBI will also be filed before this court in a sealed cover.
Issues:
1. Maintainability of the writ application 2. Allegations of corrupt practices in the recruitment of primary school teachers Analysis: 1. The learned senior advocate for the State raised concerns about the maintainability of the writ application, but the judge found it to be valid based on the timeline provided in Annexure P-7 under the Right to Information Act, confirming that the application was not delayed. The petitioner participated in the Teachers Eligibility Test in 2014, and the application process followed the required procedures without any undue delay. 2. The advocate for the West Bengal Board of Primary Education addressed the allegations made by the petitioner regarding the recruitment process of primary school teachers. It was explained that certain candidates were qualified based on a resolution dated 30.11.2017, and others were appointed despite not meeting the qualification criteria. The advocate undertook to provide further information on this matter and agreed to submit a report to the court by a specified date. 3. The petitioner made serious allegations against a former Additional Director of CBI and a former minister, accusing them of involvement in corrupt practices related to the sale of teaching positions. The judge directed the petitioner to add the individuals named in the allegations as party respondents. Considering the gravity of the accusations, the judge emphasized the need for a thorough investigation by the CBI, citing concerns about the independence of the state police force and the importance of an impartial inquiry. 4. The judge instructed the CBI to commence an immediate investigation into the allegations, granting them the authority to interrogate the individuals involved and take necessary actions to uncover the alleged job-selling scam. The former Additional Director of CBI was urged to cooperate fully with the investigation. The judge also directed the advocates for the CBI and the petitioner to promptly communicate the court's order to ensure swift action by the investigative agency. 5. The case was scheduled to be listed for further proceedings on a specified date, by which time reports from the West Bengal Board of Primary Education and the CBI were expected to be submitted to the court. The CBI was tasked with filing a status report in a sealed cover, detailing the progress of the investigation into the corrupt practices surrounding the recruitment of primary school teachers.
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