The Supreme Court.
Credit: DH File photo
The Supreme Court Monday declined to consider a plea by the West Bengal government against the Calcutta High Court order transferring the investigation in West Bengal municipality recruitment scam to the CBI, after noting a link with teachers’ recruitment scam in which TMC MP Abhishek Banerjee faced the heat of the probe.
A bench of Chief Justice of India D Y Chandrachud and Justices J B Pardiwala and Manoj Misra said the court is satisfied that a link appears between teachers’ recruitment scam, which is under investigation by CBI and ED, and the municipality recruitment scam.
Senior advocate Kapil Sibal, for the West Bengal government, vehemently contended that the high court erred in transferring the matter to the CBI as there was no material to establish that the state government cannot investigate the scam.
The bench, however, said that the situation would have been different if the municipality scam were to be unrelated to the teachers' recruitment scam, however the court is satisfied that they are linked.
The bench categorically told Sibal that the court is not willing to entertain West Bengal's petition.
The bench also rejected a contention that there was not sufficient material before the high court to transfer the probe to the central agency.
The bench noted that it is clear that the municipal recruitment and teachers’ recruitment scam is linked since the same person had prepared the OMR sheets.
“There was some wrongdoing…. this is the status report on which the single judge has relied," the bench pointed out.
Sibal asked in which other state it is happening like this.
"The ED has no jurisdiction in this matter and it has now become a roving enquiry," he said.
Additional solicitor general S V Raju, appearing for the ED, submitted it seems there is a larger conspiracy in the matter.
He claimed that there is evidence that the two scams are linked and one company was appointed to print OMR sheets for the two exams.
Raju submitted that during the investigation of the teachers’ recruitment scam, ED came across information regarding the municipality recruitment scam therefore, an application was filed before the Calcutta High Court.
Raju said after the high court order, the CBI has registered an FIR and the investigation is in progress.
Sibal claimed that the high court solely relied upon the status report for the purpose of the order.
It will set a wrong precedent if the state machinery is bypassed and it might happen in other states too, he contended.
After a detailed hearing in the matter, the top court declined to entertain the West Bengal petition against the high court order.
The WB government challenged the validity of the Calcutta High Court's division bench order of June 15, 2023 which had upheld order for the CBI probe into municipality recruitment scam by the single judge.
According to agencies, the scam was pegged at Rs 200-250 Cr as a price was fixed for each post to be paid as bribe for recruitment to municipalities.
It was related to irregularities in recruitment of clerks, sweepers, peons, drivers, etc in various municipalities in West Bengal.
Ayan Sil, an accused in the school jobs for bribes scam, was also involved in alleged illegalities in the municipal recruitment racket case, they said.
On July 19, in a setback to TMC MP Abhishek Banerjee, the Supreme Court had declined to set aside a Calcutta High Court order allowing the CBI and Enforcement Directorate to question him in connection with their probe into the West Bengal teachers' recruitment scam.