A division bench of Calcutta High Court on Thursday declined to issue a stay on the order passed by Justice Abhijit Gangopadhyay of the court on Wednesday directing the CBI to find out who had advised the West Bengal School Service Commission (WBSSC) to create supernumerary posts for teachers.
The division bench, headed by Justice Tapabrata Chakraborty, also upheld Justice Gangopadhyay’s order to state education secretary Manish Jain to appear before him along with the documents related to supernumerary posts and application forms.
Don’t quiz lawyers
Advocate Sutanu Patra, one of the lawyers appearing forthe SSC, alleged before Justice Gangopadhyay that CBI officers went to his residence to question him on Wednesday evening. Justice Gangopadhyay then issued an order asking the CBI not to question lawyers.
Earlier in the day, in compliance with Wednesday’s order, Jain was present in courtroom number 17, where Justice Gangopadhyay hears cases.
The lawyer appearing for the state informed Justice Gangopadhyay that the SSC and the government had moved the division bench headed by Justice Tapabrata Chakraborty and that the judge had assured them that he would hear their appeals at 2pm on Thursday.
pm on Thursday. The submission restrained Justice Gangopadhyay from starting the proceedings. The judge said: “Since the division bench has intervened, I will not hear the matter.”
At 2pm, the appeals came up for hearing before the division bench.
Appearing for the SSC, senior advocate Kalyan Banerjee argued that creating supernumerary posts for teachers was an administrative decision and the court could not order a CBI probe into an administrative order.
The state’s advocate-general, S.N. Mookherjee, submitted that the judge issued the order going beyond the “limits of the case”.
“The case was filed against a government notification on May 9 announcing that some teachers would be recruited in seçondary schools,” the advocate-general said, pleading that Justice Gangopadhyay’sorder be set aside.
After hearing all sides, the division bench delivered its verdict around 4.50pm.
