A Single Bench of the Calcutta High Court dismissed the review petition directing the Enforcement Directorate (ED) to continue the investigation in the much-celebrated Municipality Recruitment Scam.
An application for review has been filed by the State of West Bengal through the Secretary, Department of Urban Development and Municipal Affairs seeking review of the order passed by the Justice Abhijit Gangopadhyay preferred by the Directorate of Enforcement in Soumen Nandy vs. State of West Bengal & Ors.
The Supreme Court observed that the High Court recorded in its order that none appeared on behalf of the State, though served; but a specific averment has been made in the Special Leave Petition regarding non service upon the department of Urban Development and Municipal Affairs. The Supreme Court opined that in the interest of justice the State of West Bengal be heard afresh by the High Court on the issue whether the investigation should be initiated by the Central Bureau of Investigation (CBI).
The Senior Counsel representing the petitioner before the Supreme Court submitted before the Court that review petition would be moved within three working days. The next ground seeking review is that the investigation, if at all, ought to be made by the State agency and not by the CBI. The other ground seeking review is that the department of Urban Development and Municipal Affairs was not made a party in the writ proceeding; nor any notice served upon the said department prior to moving the matter.
Further ground praying for review is that the application filed by the Enforcement Directorate did not contain any prayer seeking permission to investigate. In the absence of a specific prayer, the Court ought not to have passed direction upon the CBI to proceed with investigation with regard to an alleged scam in recruitment under the municipalities.
The Court of Justice Amrita Sinha observed that “It is absolutely logical and proper to permit the investigation to be concluded by the agency/agencies who is/are in the know of the information and inputs in connection with the crime. For all practical purposes, the existing investigating authority ought to be permitted to conclude the process of investigation.”
Dismissing the review petition the Court remarked that it is of the opinion that, the State including its departments, ought to cooperate with the investigating agencies and ensure that the investigation that is continuing reaches a logical conclusion at the earliest, so that the offenders can be booked and appropriately dealt with in accordance with law.
Subscribe Taxscan Premium to view the JudgmentSupport our journalism by subscribing to Taxscan premium. Follow us on Telegram for quick updates
