SC stays removal of Manik Bhattacharya as WBBPE President, allows CBI probe to continue

New Delhi, Oct 18 The Supreme Court on Tuesday put an interim stay on an order of the Calcutta High Court on the removal of Trinamool Congress legislator, Manik Bhattacharya as the President of West Bengal Board of Primary Education (WBBPE).

A bench of Justices Aniruddha Bose and Vikram Nath said: "The order removing Dr Manik Bhattacharya passed by the single judge and confirmed by the Division Bench shall remain stayed until further order of this Court. We, however, are not directing his reinstatement."

The top court said it has informed that the state government already has engaged someone as President of the board. "We accordingly hold that the present incumbent to the post of President, West Bengal Board of Primary Education shall continue to remain in the said post till final outcome of the writ petition before the Single Judge in which the directions of the said petitioner's removal was passed," said the bench, in its judgment on a petition filed by Bhattacharya.

The bench said Bhattacharya would be entitled to defend his position in the writ petition by filing affidavits in respect of allegations made against him. "The CBI under the SIT shall continue their investigation as directed by the Single Judge and file a comprehensive report before this Court within a period of four weeks as regards progress of the investigation," it added.

However, the top court protected Bhattacharya from any coercive steps that may have been taken by the CBI in the course of the investigation and also noted that there was no allegation from the CBI in the course of hearing of these matters that he was not cooperating with the investigation.

Bhattacharya was arrested by the Enforcement Directorate on October 12.

"So far as CBI is concerned, let the order protecting him from coercive steps continue until further orders... Let counter-affidavits be filed within two weeks. Rejoinder thereto within one week thereafter. List the matters after four weeks," said the top court.

The bench added that the order passed directing cancellation of the appointment of 269 candidates by the single judge of the high court on June 13, and the part of the order of the division bench of the high court confirming that order shall stand stayed and remain in abeyance.

It said that these 269 individuals would be entitled to file affidavits to defend their appointment to the said posts, if so advised. "The appointing authority will proceed in accordance with law and take appropriate decision after the writ court adjudicates on legality of their appointments. This direction would be subject to any order that may be passed by this Court at a subsequent stage of this proceeding," said the bench.

"What weighed with the single judge in directing their termination in a case where they were not even the parties appears to be materials that was revealed in response to orders of the court. Such orders reflect some kind of investigative role that was being undertaken by the court itself in obtaining documents from the recruiting bodies. It was also not a case that the respective appointments were of very recent origin."

The apex court reserved its judgement on the arrest of Bhattacharya by another central agency Enforcement Directorate (ED) in the same matter.