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TMI Blog2023 (11) TMI 1359X X X X Extracts X X X X X X X X Extracts X X X X ..... ite of the Directorate of Enforcement (E.D.) having submitted earlier before this Court that they are ready for faming the charges, yet, no charge was framed on 3rd of August, 2023 by the ld. Special Court as the investigation till date could not be concluded. Ld. Advocate submitted that the petitioner is in custody for more than 400 days and materials so relied upon by the E.D., till date, after submission of the complaint and the supplementary complaint do not reflect any complicity of the present petitioner and the evidence so collected according to the ld. Senior advocate is vague. There is no material to show that there is any evidence which has been collected against the petitioner by any underserving candidate who has paid money; neither any agent or any person on whom the prosecution has relied upon from whom it can be directly connected in the chain of circumstances that the petitioner has accepted any gratification for the purpose of recruiting any underserving candidate as Primary Teacher in connection with the investigation, which is carried on by the CBI as well as the E.D. To that extent, ld. Senior Advocate appearing for the petitioner has referred to the statements ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... forward to address on the issue that money/gratification was involved over the subject-matter in the process of recruitment. Ld. Senior Advocate appearing for the petitioner has relied upon the order of bail passed in SLP (Crl.) No(s). 12763/2023 which was granted taking into account the period of incarceration. It was emphasized that the same principle do apply to the present petitioner. Mr. Edulji, learned advocate appearing for the Enforcement Directorate submitted that there has been no change of circumstances since the last application for bail was rejected and the investigation of the case is still continuing. By referring to the order dated 5th October, 2023 passed by the Division Bench in MAT 1960 of 2023 and MAT 1961 of 2023 it has been pointed out that cut-off date has already been fixed by the Hon'ble Division Bench to be 31st December, 2023 wherein the entire investigation has been directed to be concluded. Learned advocate for the Enforcement Directorate has also referred to paragraphs 295 and 463 of the judgment of Vijay Madanlal Choudhary vs. Union of India reported in 2022 SCC OnLine SC 929 which are set out as follows: "295. As aforesaid, in this backdrop the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be involved in any one or more than one process or activity connected with the proceeds of crime. All of them are treated as one class of offender involved in money-laundering. The proceeds of crime may be derived or obtained as a result of criminal activity with which the offender involved in money-laundering offence may not be directly concerned at all. Even so, he becomes liable to be proceeded under Section 3 and punished under Section 4 of the 2002 Act. The principle of an accessory after the fact will have no application to the offence of money-laundering. Suffice it to observe that the argument under consideration is devoid of merit." The aforesaid paragraphs were emphasized by the learned advocate for the Enforcement Directorate in order to rebut the contention of the petitioner that the petitioner has not been named in the charge-sheet submitted by the Central Bureau of Investigation yet the petitioner has till date been detained by the Enforcement Directorate. Referring to Rules 7, 8 and 9 of the School Education Department, Government of West Bengal, Law Branch it has been pointed out that it is the Board who constitutes the Selection Committee, the procedure of selec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... candidates to whom the appointment letters were issued on 08.12.2017. He further stated evasively that the same can be explained only by the then Chairperson of DPSC, Bankura. It was also emphasized on behalf of the Enforcement Directorate that cumulatively if the case is taken as a whole, the statement under Section 50 of PMLA of the witnesses as well as some of the accused persons would reflect that it is the present petitioner who was at the helm of affairs and it was he who had the authority to have a final say so far as the appointments are concerned. To that effect, E.D. has relied upon the statements of Tapas Kumar Mondal, Jitendra Nath Roy, Dibendu Bagh and Md. Mohidul Haque Ansari. By referring to these statements learned advocate for the ED submits that at least there is reflection that undeserving candidates got appointment but subsequently removed by the Hon'ble High Court. Additionally, it has been submitted that fresh materials surfaced in respect of school and club wherein huge donations were made and in respect of the same materials were being collected by the Investigating Agency. There has been obstruction in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... onsored Primary/Junior Basic Schools. The selection and appointment of the candidates was to be made in terms of West Bengal Primary School Teachers Recruitment Rules, 2018 as amended up to date and notified under no.605-SE/EE/P) 10M-6/09(Pt.VII) dtd. 22.12.2020. It has been alleged that in the primary selection process of TET, 2014 the question paper and its evaluation process were done dubiously as wrong questions and/or answer keys were designed in disguised manner for depriving the eligible candidates. It is further alleged some of the TET fail and/or ineligible candidates of TET 2014 got appointment as Assistant Teacher in primary schools. A number of ineligible candidates got appointment who did not answer the question by answering the MCQ and submitted blank exam paper only mentioning their personal details got appointment as Assistant Teachers. It is also alleged that an additional panel was created in dubious manner and several persons who did not even pass TET-2014 were included in such additional panel. The complete selection process was clearly shows favoritism and nepotism in the selection process." It would not be also out of place to state that the twin condit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... present case, which are set out as follows: "25. For grant or denial of bail, the "nature of crime" has a huge relevancy. The key considerations which govern the grant of bail were elucidated in the judgment of this Court in Ram Govind Upadhyay v. Sudarshan Singh [Ram Govind Upadhyay v. Sudarshan Singh, (2002) 3 SCC 598 : 2002 SCC (Cri) 688] , wherein it has been observed as under : (SCC p. 602, para 4) "4. Apart from the above, certain other which may be attributed to be relevant considerations may also be noticed at this juncture, though however, the same are only illustrative and not exhaustive, neither there can be any. The considerations being: (a) While granting bail the court has to keep in mind not only the nature of the accusations, but the severity of the punishment, if the accusation entails a conviction and the nature of evidence in support of the accusations. (b) Reasonable apprehensions of the witnesses being tampered with or the apprehension of there being a threat for the complainant should also weigh with the court in the matter of grant of bail. (c) While it is not expected to have the entire evidence establishing the guilt of the accused beyond reasona ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d in lieu of huge amount of money and extraneous consideration extended to the ineligible candidates to get appointment as Assistant Teachers in primary schools. To that extent the process of selection, the question papers, its evaluation process, which has been alleged to be done in a dubious manner as wrong questions and answer keys were designed in a mode for depriving the eligible candidates. Thus, having regard to the issue relating to which the investigation of the case is being continued, the number of victims being involved, and the accused person being an influential person, whose means, position are beyond question at the State administrative level as also the education department, his release, will have an impact at this stage of the investigation when an outer limit of 31st December, 2023 has been fixed by the Hon'ble Division Bench to conclude the investigation, which is being carried on by the E.D. Having regard to the aforesaid, particularly, with regard to the means, position, the standing of the present petitioner, the gravity of the offence as also the stage of the investigation which is at the final stage, I am of the view that this is not a fit case for the p ..... X X X X Extracts X X X X X X X X Extracts X X X X
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