The Supreme Court on Friday stayed a Calcutta High Court order directing the CBI to investigate who was behind the West Bengal School Service Commission's application to save the services of illegally appointed candidates by creating supernumerary posts.
The bench comprising CJI DY Chandrachud and Justice Hima Kohli ordered : "Pending further orders, order of single judge dated November 23 shall remain stayed. No consequential steps will be taken in pursuance of single judge order including the CBI probe into who filed affidavit".
Senior Advocate Dr Abhishek Manu Singhvi, appearing for the State, mentioned the petition before the CJI seeking urgent orders, saying that the Secretary of the Education Department had been summoned for examination by the High Court. According to the senior counsel, the single bench of the High Court observed that the Commission filed the application as a "benami" for someone and directed the CBI to conduct an investigation to determine whose "brainchild" the application was and "who was pulling the strings" at the SSC. "If the HC issues an order in rage, there is a problem," Dr. Singhvi stated.
The order was issued by a single bench of Justice Abhijit Gangopadhy, who is hearing cases related to the SSC recruitment scam. The CBI was given seven days to submit a report on "the origin of the instruction or the decision to file such an application." The SSC filed the application to regularise the services of candidates whose appointments were invalidated as a result of the Court's orders in relation to the recruitment scam. Despite the filing of intra-court appeals by the State and the SSC, the division bench of Justices Subrata Talukdar and Supratim Bhattacharya refused to stay the single bench order. In light of this, the State rushed to the Supreme Court.
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