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2022 (10) TMI 1196 - SC - Indian LawsIrregularities in the recruitment process of Assistant Primary Teachers - HELD THAT:- It would not be appropriate to straightaway direct CBI investigation in a recruitment related controversy unless, of course the allegations are so outrageous and the perpetrators of the alleged offences are so powerful that investigation by the State police would be ineffectual. The reasons given by the learned Single Judge in directing investigation by the CBI at such an early stage of the proceeding may fall short of the standards laid down in the case of Sampat Lal [1984 (12) TMI 328 - SUPREME COURT]. But considering the submission of learned Counsel for the CBI and the fact that investigation by the said agency has substantially progressed, we do not want to stall such investigation at this stage and wait to see if the State Police can carry on the same investigation impartially. What weighed with the learned Single Judge in directing their termination in a case where they were not even the parties appears to be materials that was revealed in response to orders of the Court. Such orders reflect some kind of investigative role that was being undertaken by the Court itself in obtaining documents from the recruiting bodies. It was also not a case the respective appointments were of very recent origin. Thus, the present incumbent to the post of President, West Bengal Board of Primary Education shall continue to remain in the said post till final outcome of the writ petition before the Single Judge in which the directions of the said Petitioner's removal was passed. Dr. Manik Bhattacharya shall be entitled to file affidavits to the writ petitions as also any additional affidavit taken out in connection with the said writ petitions which may contain allegations against him. The CBI under the SIT shall continue their investigation as directed by the Single Judge and file a comprehensive report before this Court within a period of four weeks as regards progress of the investigation - The order passed directing cancellation of 269 candidates by the Single Judge on 13th June 2022 and the part of the order of the Division Bench confirming that order shall stand stayed and remain in abeyance. Application disposed off.
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