Supreme Court Dismisses West Bengal’s Challenge to CBI Probe in Municipality Recruitment Scam
In a significant development, the Supreme Court on Monday dismissed the plea of the West Bengal government challenging the Calcutta High Court’s decision to transfer the probe of the alleged municipality recruitment scam to the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED). The apex court’s bench, consisting of CJI DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Mishra, observed that the municipality recruitment scam seems to be intrinsically linked to the teacher’s recruitment scam.
Thank you for reading this post, don't forget to subscribe!Senior advocate Kapil Sibal, representing the State of West Bengal, contended that the High Court had made an error in its decision to transfer the probe to the CBI. He emphasized that there was no concrete evidence to suggest that the state couldn’t investigate the scam on its own. Sibal further argued against the ED’s involvement, stating,
“Which other States is this happening in? There is no jurisdiction of ED here. They are here for money laundering, they are calling officers and saying that statements under Section 50 PMLA will be recorded. It is now becoming a roving enquiry…How does the ED come into all of this?”
In response, Additional Solicitor General of India, SV Raju, who represented the ED, pointed out a potential “larger conspiracy” in the matter. He highlighted that the two scams, namely the ‘Municipality Recruitment Scam’ and the ‘Teachers Appointment Scam’, seemed interconnected. Raju remarked,
“It is not a separate offence as it sought to be depicted. One company was appointed to print OMR sheets for 2 exams. This is all interrelated.”
He further noted that during the investigation of the teachers’ recruitment scam, the ED stumbled upon information related to the municipality recruitment scam.
CJI DY Chandrachud weighed in on the discussion, noting that the CBI’s investigation into the teacher’s recruitment scam had reached its conclusion and that witness statements had been thoroughly examined. He stated that the evidence clearly indicated a connection between the municipality and teachers’ recruitment scams.
Sibal, however, reiterated his concerns about bypassing state machinery, warning of the potential implications for other states. He said,
“What about the state’s power? Please see the Sampath Lal judgment…This is bypassing the state machinery. If this is allowed then it can happen in every state.”
The CJI responded by emphasizing the clear link between the two scams.
The ED, during its investigation into the school jobs scam, conducted multiple searches in Kolkata and nearby regions. An ED official mentioned,
“We are looking for some specific documents in connection with a fictitious transfer of funds made through this company.”
Several senior Trinamool Congress (TMC) leaders and education department functionaries have been arrested in connection with the money laundering aspect of the teacher’s recruitment scam.
The case has seen several developments, with the Calcutta High Court initially permitting the CBI to investigate the ‘Municipality Recruitment Scam’ based on an application from the ED. The Supreme Court had earlier directed both the ED and CBI to maintain the status quo regarding the investigation. However, after a series of reviews and affirmations by the High Court, the State of West Bengal approached the Supreme Court, which has now given its verdict.