WB teacher recruitment scam case: SC gives state 2 weeks to decide on sanction

The Supreme Court on Thursday directed the West Bengal government to grant sanction within two weeks to those accused in the teacher recruitment scam after the Central Bureau of Investigation (CBI) informed the court that the state was stalling the process despite being pulled up by the Calcutta high court.

A bench headed by justice Surya Kant passed the order noting the concern over the delay in the trial as it heard a bail plea filed by former state education minister Partha Chatterjee, one of the prime accused in the case probed by CBI and the Enforcement Directorate.

Chatterjee was arrested by ED in July 2022 and huge sums of money and jewellery were recovered from him, which were alleged to be bribes paid by candidates who were illegally recruited for teaching and non-teaching staff jobs in 2016.

Chatterjee complained that there was no possibility of the trial getting completed in the near future, but CBI’s counsel, additional solicitor general (ASG) SV Raju, pointed out that the non-grant of sanction had held up trial. He stated that while sanction against Chatterjee has been granted, there were other accused against whom the West Bengal government has delayed the grant of sanction for prosecuting them under the Prevention of Corruption Act.

The bench, also comprising justice N Kotiswar Singh, said, “In order to facilitate trial, the state of West Bengal through chief secretary is directed to take a decision regarding grant of sanction in case of co-accused. An appropriate decision shall be taken in two weeks.”

The court said it was conscious of the fact that the accused against whom grant of sanction is being ordered are not before the court. “We have not expressed any opinion on merits and have asked the state to take a decision,” the court clarified.

ASG Raju pointed out that the Calcutta high court had directed the state on April 3 to take a decision on the pending requests by CBI for grant of sanction and had observed that CBI cannot be made to wait endlessly for the state to respond. Despite this order, when nothing happened, the high court had pulled up the chief secretary while observing whether there is any “level playing field” for investigating agencies in West Bengal.

The CBI had approached the HC for sanction against two former Trinamool Congress MLAs Manik Bhattacharya and Jiban Krishna Saha.

“Let us hope our order will be complied with,” the top court remarked, and asked the ASG to give the names of the accused against whom the sanction is pending.

The court adjourned the hearing on Chatterjee’s bail plea to July 17 upon being told by the CBI that a bail plea of another co-accused, Subiresh Bhattacharya, is listed before another bench on that day. The bench led by Justice Kant directed the other matter to be tagged with Chatterjee’s bail plea and ordered that any other bail petition by accused in the same case be also listed on the next date.

Chatterjee is already out on bail in the ED case after the Supreme Court directed his release last year on the condition that the bail will take effect from February 1 this year to enable crucial witnesses in the case to be examined by then in the money laundering probe.

The former state minister claimed he had many health ailments and is currently hospitalised. However, ASG Raju claimed the TMC leader was faking ill-health as in the past, a court order was required to bring him out of the hospital.

Chatterjee was the state education minister from 2014 to 2021, and the alleged irregularities took place during his tenure.