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TMI Blog2022 (12) TMI 1465X X X X Extracts X X X X X X X X Extracts X X X X ..... teachers in Classes IX and X under the auspices of the Commission, a learned Single Judge of this Court in WPA 5538 of 2022 directed investigation by CBI. Petitioner was not named as an accused in the FIR. He co-operated in the course of investigation. He was extensively interrogated. Finally, he had been arrested on 19th September, 2022. Investigation is complete and police report has been filed. Sanction is awaited and there is little possibility of the trial commencing in near future. Petitioner is a reputed academician and there is little possibility of his abscondence or evading the process of law. Other accuseds have not been arrested. Hence, he prays for bail. 2. Mr. Arun Kumar Maiti with Mr. Anirban Mitra, learned Advocate for the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , 2018. Under his supervision selection process for appointment to the post of assistant teachers for Class IX and X in Secondary and Higher Secondary Schools was initiated. During the selection process it is alleged petitioner followed a non-transparent procedure viz., not uploading corrected answer papers on the official website as well as non-disclosure of the entire list of selected candidates. More particularly, petitioner instructed one Parna Bose (Programming Officer) to alter marks in the OMR sheets submitted by M/s. Nysa Communication Pvt. Ltd. - an agency entrusted for scanning and preparation of OMR sheets and upload the altered OMR sheets in the database of the Commission to favour referred candidates. Personality test scores we ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o access quality education. Gravity of the offence need not be further emphasised. Its impact on society is far reaching and dashed the aspiration of many deserving candidates to public employment and cast a gloom on the academic prospects in the Government and/or Government aided Schools in the State. 7. It is strenuously argued there is no legally admissible material to show petitioner had played a role in the manipulation of the marks in the OMR sheets. Parna Bose, Programme Officer is an accused and her statement is legally inadmissible. 8. Conspiracies are not hatched in the open. They are products of dark liaisons between conspirators. Conduct of the conspirators, their acts and illegal omissions before, during and after the conspir ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f sentence. Each case has to be decided on its own merit. 11. Grant of bail to public servants who indulge in corruption are to be considered on a different parameter. The reason is obvious. Acts of corruption by public servants not only affect the immediate victims but cause severe dent on the faith and confidence of society in fair and impartial public administration. 12. Judged from such perspective, mere attendance during the course of investigation or severity of punishment cannot be the sole criteria for consideration of a bail prayer in the present factual matrix. Other weighty parameters like gravity of offence involving institutionalized corruption in matters of public employment need to be taken into consideration. Impact of the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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