2023 (8) TMI 1621 - HC - Indian Laws

Education/recruitment scam - Verification of candidates appointed without requisite qualifications in the TET 2014 examination - HELD THAT - It has already been brought to the knowledge of the Court that the persons involved in the crime relating to the recruitment scam and the municipal scam are more or less the same the modus operendi and proceeds of crime in both the scam are intermingling with each other. As the investigation in respect of both the scams will continue simultaneously the investigation shall be a Court monitored one and the officers are required to file the report of investigation before this Court as and when directed. The report filed by the Assistant Director Enforcement Directorate signed on August 29 2023 is taken on record. It appears therefrom that the investigating agency has prepared a list of the selected suspected teachers whose names/roll numbers were found in the seized documents/digital records obtained from various accused persons. The list of the said candidates shall immediately be forwarded by the Enforcement Directorate to the West Bengal Board of Primary Education for verification. The Board shall verify the credentials of the said candidates and if it appears that any of the candidates in the said list was appointed dehors the provisions of law then prompt necessary steps shall be taken against him/her. The Court by order dated July 14 2023 directed the investigating officers to place on record the details of the beneficiaries of the education scam. In the report filed today by CBI the list of the teachers who were allegedly appointed dehors the rules has been annexed. The details of the other beneficiaries who received the money in lieu of providing service to the unemployed youth shall be placed before this Court on the adjourned date. The matter stands adjourned till September 14 2023 for taking note of the updates in the instant case.

Summary

The Calcutta High Court issued a judgment addressing multiple legal issues related to recruitment and appointment irregularities in the education sector and financial transactions involving a private company. The key points of the judgment are as follows:**Issues Presented and Considered:**1. Verification of candidates appointed without requisite qualifications in the TET 2014 examination.2. Investigation into recruitment scams involving municipal and education sectors.3. Coordination of investigating teams and monitoring of investigations.4. Progress report on the investigation into financial transactions of a private company.5. Disclosure of beneficiaries involved in the education scam.**Issue-Wise Detailed Analysis:****Verification of Candidates:**- The Court directed the Central Bureau of Investigation (CBI) to forward lists of qualified and unqualified candidates from the TET 2014 examination to the West Bengal Board of Primary Education for verification.- The Board was instructed to take necessary actions against candidates appointed without qualifications or following merit positions.**Investigation into Recruitment Scams:**- The Court noted similarities between the recruitment scams in the education and municipal sectors, directing the same investigating team to handle both cases.- Additional officers were assigned to the investigating team to ensure a coordinated and court-monitored investigation.**Progress Report on Financial Transactions:**- The Enforcement Directorate was directed to verify suspected teachers' credentials and take action against those appointed unlawfully.- The Directorate was also instructed to provide updates on the investigation into financial transactions involving a private company and its Chief Executive Officer.**Disclosure of Beneficiaries:**- The Court requested details of beneficiaries involved in the education scam, particularly those who received money for providing services to unemployed youth.- The matter was adjourned to September 14, 2023, for further updates on the case.**Significant Holdings:**- "The investigating team ideally should consist of the same officers for proper investigation of both scams."- "The investigation shall be a Court-monitored one, and officers must report the progress as directed."- "The Enforcement Directorate is directed to file a report on the progress of the investigation regarding the Chief Executive Officer of the Company."- "Details of beneficiaries involved in the education scam must be presented before the Court on the adjourned date."In conclusion, the judgment focuses on ensuring transparency and accountability in recruitment processes, coordinating investigations across related scams, and monitoring progress in financial crime inquiries. The Court's directives aim to uphold the rule of law and address systemic irregularities in the education and financial sectors.