STATE OF WEST BENGAL Vs. SOUMEN NANDY

JUDGEMENT

(1.) A legal tussle has spiraled up to this Court seeking a quietus to the primary issue as to whether the learned Single Judge had the jurisdiction to direct the Central Bureau of Investigation (in short, CBI) to carry on investigation in the municipality recruitment scam while considering an application being CAN 2 of 2023 filed by the Enforcement Directorate (in short, ED) in connection with a writ petition preferred alleging illegalities perpetrated in a selection process conducted for appointment to the posts of teachers in primary schools and in which the Department of Urban Development and Municipal Affairs was not even arrayed as a party respondent.

(2.) The case has a chequered history. The writ petition being W.P.A. 9979 of 2022 was affirmed in the month of June, 2022 alleging inter alia that many candidates who did not even pass the Teacher Eligibility Test (in short, TET) were appointed as assistant teachers in several primary schools. By an order dtd. 13/6/2022, the Writ Court directed CBI investigation. In an appeal preferred against the said order, the Hon'ble Division Bench delivered a judgment on 2/9/2022 observing inter alia that the forensic investigation directed to be handled by the CBI deserves no interference and that the Hon'ble Single Bench shall also be entitled to monitor investigation into any money trail, as considered necessary. Challenging the said judgment dtd. 2/9/2022, a Special Leave Petition (in short, SLP) was filed which was heard along with other similar matters and an order was passed on 18/10/2022 directing inter alia that CBI shall continue their investigation as directed by the learned Single Judge and file a comprehensive report before the Court. The Hon'ble Supreme Court, however, stayed the order passed by the learned Single Judge directing cancellation of appointment of 269 candidates and the order directing removal of one Dr. Manik Bhattacharya, the President of the West Bengal Board of Primary Education (in short, the Board). Thereafter, the CBI investigation has continued. In the midst thereof, ED filed an application being CAN 2 of 2023 in the pending writ petition averring inter alia that during investigation in respect of primary teachers' recruitment scam under the Prevention of Money-Laundering Act, 2002 (in short, PMLA) searches were carried out at various premises and incriminating documents along with digital evidences were recovered from one Sri Ayan Sil and the said documents revealed that the scam is not limited to recruitment of teachers but also covered several other appointments made by various municipalities. Considering the said application the learned Single Judge passed the order dtd. 21/4/2023 directing CBI to carry on investigation in the municipality recruitment scam and to file a report before the Court. Aggrieved by the said order the State of West Bengal preferred a SLP which was disposed of by an order dtd. 28/4/2023 permitting the State of West Bengal to move a petition by way of review before the Hon'ble High Court. Pursuant to such direction a review application being RVW No.83 of 2023 was filed but the same was dismissed by a judgment dtd. 12/5/2023 delivered by the learned Single Judge to whom the matter was assigned.

(3.) Mr. Kalyan Bandopadhyay, learned senior advocate appearing for the appellant, placing reliance upon a judgment delivered in the case of DSR Steel (Private) Limited vs. State of Rajasthan and Others, reported in (2012) 6 SCC 782, submits that when an order under review is not interfered with and the review petition is dismissed no question of any merger arises and person aggrieved by the order impugned in review shall have to challenge the same and not the order dismissing the review petition. In the present case, the review petition has been dismissed affirming the order dtd. 21/4/2023 and as such the appellant has challenged the parent order dtd. 21/4/2023 in the present appeal and that as such there can be no bar as regards maintainability of the present appeal.