West Bengal SSC scam: Why did Supreme Court refuse to order CBI probe against Mamata Banerjee cabinet?

 

The Supreme Court on Tuesday decided not to intervene in the creation of supernumerary posts in the state-run and aided schools under Mamata Banerjee-led West Bengal government. On Tuesday, the court set aside the Calcutta High Court's order directing a CBI probe against the state cabinet over the matter.

 

The bench comprising Chief Justice of India Sanjeev Khana and Justice Sanjay Kumar observed that necessary consultations were held prior to the creation of these additional posts and the governor's approval was also obtained. Reportedly, the chief justice observed that investigating a decision of a state cabinet by a central agency was against the ideals of federal structure.

 

The apex court, however, made it clear that the CBI investigation into the other aspects of the recruitment of the 2016 West Bengal School Service Commission (SSC) panel, which was cancelled last week, would continue.

 

In 2022, the state education department created nearly 6,000 supernumerary posts – temporary positions established to accommodate employees eligible for regular posts currently unavailable. The decision was also approved by the cabinet and a formal notification was also issued. The decision was challenged in Calcutta High Court, in the bench of former High Court judge Justice Gangopadhyay, alleging that the supernumerary posts were created to protect illegal appointments. He had ordered a CBI probe against the state cabinet over the issue.

 

On April 22 last year, a division bench also upheld the single bench’s decision, stating that the decision was not appropriate. The division bench further observed that the CBI could, if required, take cabinet members into custody for questioning.

 

The state government had challenged this High Court verdict in the Supreme Court. A bench led by then Chief Justice D.Y. Chandrachud stayed the CBI probe order against the cabinet regarding the creation of supernumerary posts.

 

Last week, while ruling on the cancellation of over 25,500 appointments of teachers and non-teaching staff, the bench headed by CJI Khanna clarified that the issue of the CBI probe into the state cabinet would be heard separately.

 

The verdict comes as a relief for the ruling Trinamool Congress. After last week’s ruling that led to mass job cancellations, the state government faced intense criticism from the opposition. With elections looming next year, a probe into the cabinet or possible arrests could have further pushed the Mamata Banerjee-led party into the backfoot.

India