Today(on 9th April), Calcutta High Court Orders Bengal Chief Secretary to Decide on Prosecuting School Jobs Scam Accused by April 23.
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KOLKATA: Today(on 9th April),The Calcutta High Court has directed the West Bengal Chief Secretary to take decisive action regarding the approval of prosecution against numerous individuals involved in a well-known school employment scandal within the state.
This directive is issued amidst the ongoing investigation by the Central Bureau of Investigation (CBI) into the scandal, initiated by an order from the high court. The investigation aims to uncover the complexities of the alleged wrongdoing, with prosecution sanction applications remaining unresolved for over eighteen months.
The division bench, led by Justice Joymalya Bagchi, expressed its concern over the protracted delays, questioning the fairness of the prosecution’s working conditions.
“In such a situation, will the prosecuting agency have an equal opportunity to operate fairly?”
-the court pondered.
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Highlighting the critical need for an expeditious and impartial decision-making process, Justice Bagchi mandated the Chief Secretary to “independently and positively” conclude the sanctioning process by April 23.
This directive coincides with the court’s consideration of bail requests submitted by prominent individuals implicated in the scandal, such as Partha Chatterjee, the former Education Minister of the state; Ashok Saha, the former Secretary of the West Bengal School Service Commission; Kalyanmoy Ganguly, the former President of the West Bengal Board of Secondary Education; and Subires Bhattacharyya, the former SSC Chairman. These individuals have been in custody for more than a year, underscoring the seriousness of the matter.
The bench’s directive was precipitated by a report submitted by the Chief Secretary, which, according to the court, failed to address the sanction grant adequately. The court’s observation pointed to a lack of neutrality in the state’s approach to the trial, emphasizing the report’s silence on the matter as a significant concern.
“We must note that the chief secretary has not adequately considered the matter and has submitted a brief and incomplete report.”
– the bench, also including Justice Gaurang Kanth, remarked.
The court emphasized the unexpected delay in the prosecution’s advancement, attributing it to a failure to promptly fulfill statutory obligations. Expressing concerns that this delay might be influenced by the sway of the accused individuals, the court directed the Chief Secretary to make an impartial decision without any undue influence.
During the proceedings, the court emphasized the essential role of the rule of law in the state, urging the government’s legal representative to convey the importance of unhindered legal procedures to the Chief Secretary.
Deputy Solicitor General Dhiraj Trivedi, representing the CBI, disputed the assertion of incomplete document submission, stating that all required files had been provided to the sanctioning authority. To ensure a comprehensive review, the court permitted the authority to request additional documents from the CBI, reaffirming the agency’s obligation to cooperate in the process.
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In an earlier session, the court heard that the governor approved prosecuting Partha Chatterjee, showing a selective process that hasn’t included other former officials. Also, the court noted that the West Bengal Assembly Speaker allowed prosecuting Jiban Krishna Saha, a ruling party MLA.
