HC gives chief secy 10-day ultimatum on school recruitment probe sanction
Times of India | 24 April 2024
Kolkata: Calcutta High Court on Tuesday gave a 10-day ultimatum to the chief secretary, as a “last chance”, to respond to the request for grant of sanction to start trial proceedings against state officials accused in the cash-for-jobs case.
A division bench of justices Joymalya Bagchi and Gaurang Kanth directed the CS to positively respond to the sanction request by May 2, failing which the court said it would take “appropriate measures”.
The division bench had on April 9 directed chief secretary B P Gopalika to apply his mind independently on the grant of sanction sought by CBI, by April 23.
The CS, in his affidavit to court on Tuesday, sought more time to go through the voluminous documents and also the related order of the coordinate bench before taking a decision on the grant of sanction under PMLA Section 19.
Justice Bagchi was not satisfied with the “evasive reports” of the chief secretary. The judge observed that the grant of sanction was pending since 2022. “Grant of sanction is a requirement for speedy trials. It is also required to weed out frivolous prosecution against state officials. The chief secretary has singularly failed in discharging his duty,” he observed.
Deputy solicitor general Dhiraj Trivedi pointed out that a division bench of justices Debangsu Basak and Md Shabbar Rashidi had mentioned the “obdurate attitude” of the chief secretary over grant of sanction while delivering the judgment in the school appointment case on Monday.
Justice Bagchi took note of the fact that two of the accused, including former SSC adviser S P Sinha —in custody for about two years — had moved bail petitions on the ground that there had been no progress in the investigation. “This is because of the delay in the grant of sanction from the office of the chief secretary,” Justice Bagchi observed.
The division bench noted that the Bengal governor had granted sanction for trial of former education minister Partha Chatterjee. “But Partha Chatterjee is not an individual. He is the main conspirator. His prosecution can’t proceed without the prosecution of men holding high offices in the state government,” Justice Bagchi said.
The bench, while acceding to the plea by the state advocate general for more time for the CS to arrive at a decision, directed him to take the call by May 2 and fixed the next hearing of the case on that day.