Supreme Court stays CBI and ED investigations against Manik Bhattacharya, former director of West Bengal Board of Primary Education. Bhattacharya’s plea raised concerns about unfair accusations and lack of proper representation. The case involves alleged irregularities in teacher appointments.
The Supreme Court’s recent decision to stay two orders of the Calcutta High Court has garnered significant attention, as it has direct implications for the former director of the West Bengal Board of Primary Education, Manik Bhattacharya. The case has been a matter of contention, with the High Court ordering fresh investigations by both the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED) against Bhattacharya.
Trinamool Congress MLA Manik Bhattacharya, who was not a party to the proceedings before the High Court, approached the apex court to challenge the orders passed by a single judge on July 25 and July 26. The bench of Justices AS Bopanna and PV Sanjay Kumar granted interim relief to Bhattacharya after carefully considering that he had no involvement in the proceedings before the High Court.
The matter was brought before Chief Justice of India DY Chandrachud in his chambers at 2 pm and subsequently listed for hearing at 3 pm before the division bench. The Supreme Court found it imperative to address the issue promptly, given the potential repercussions on Bhattacharya’s reputation and rights.
In its stay order, the division bench emphasized that the petitioner, Manik Bhattacharya, should not suffer any further prejudice as he was not a party to the writ proceedings in the High Court. The orders dated July 25 and July 26 and any further proceedings related to them shall remain stayed until the matter is finally decided by the Supreme Court. This decision is seen as an essential safeguard to protect Bhattacharya’s interests.
Moreover, the apex court has sought a response from the West Bengal government in connection with this case. The state government’s stance and submissions are expected to play a pivotal role in the proceedings moving forward.
In his petition, Manik Bhattacharya raised serious concerns about the single-judge’s conduct during the previous proceedings. He alleged that the judge had made unwarranted accusations against him and his family, particularly his wife and son, without any justifiable grounds. As he was not involved in the case before the High Court, Bhattacharya contended that such remarks were not only unnecessary but also damaging to his personal and professional reputation.
One of the significant issues raised by Bhattacharya’s counsel, advocate Diksha Rai, was the order for a central agency probe that was passed without impleading him or even hearing the West Bengal Board of Primary Education. This lack of proper representation and consideration of relevant parties raised serious questions about the fairness and validity of the orders.
Notably, a related interim order of the Calcutta High Court, which had directed the West Bengal Board of Primary Education (WBBPE) to conduct a fresh selection exercise for 32,000 teacher posts before the end of August 2023, was partially set aside by the Supreme Court last month. The High Court’s order by Justice Abhijit Gangopadhyay had set aside the appointments in question, citing alleged irregularities related to a supposed West Bengal school jobs for cash scam.
Justice Gangopadhyay, who has been hearing matters concerning illegal recruitment in schools in West Bengal, expressed concerns about the recruitment process held in 2016. The judge noted that thousands of “untrained” candidates were appointed despite scoring less in the Teachers Eligibility Test (TET) and other relevant counts. This raised suspicions that these candidates might have been given extra marks in aptitude tests, which, according to the judge, were conducted only on paper.
Moreover, Justice Gangopadhyay highlighted that no selection committee was involved in the process of selecting eligible candidates. Instead, an external agency, unrelated to the Education Board, conducted the selection, raising concerns.
Case Title: Manik Bhattacharya V. Anupam Pal & Ors. Special Leave Petition (Civil) Diary No(S). 29780/2023
