Calcutta High Court (Appellete Side)
Soumen Nandy vs The State Of West Bengal & Ors on 14 July, 2023
In The High Court At Calcutta
Constitutional Writ Jurisdiction
Appellate Side
15
14.07.2023
agm/d.p.
WPA 9979 of 2022
Soumen Nandy
v.
The State of West Bengal & Ors.
with
IA No. CAN 1 of 2023, CAN 2 of 2023
Mr. Bikash Ranjan Bhattacharyya, Sr. Adv.
Mr. Firdous Samim,
Ms. Gopa Biswas,
Ms. Payel Shome,
Ms. Sampriti Saha.
... For the petitioner.
Mr. Billwadal Bhattacharyya, Ld. DSGI.
Mr. Arijit Majumdar
... For CBI.
Mr. Sirsanya Bandopadhyay,
Mr. Arka Kumar Nag.
...For the State.
Mr. L.K. Gupta,
Mr. Ratul Biswas,
Mr. Kaushik Chowdhury.
... For Board.
Mr. Dhiraj Kumar Trivedi, Ld. DSGI
Mr. Samrat Goswami
... For Enforcement Directorate.
Mr. Santanu Kumar Mitra,
Mr. Subhobrata Das,
Mr. Amartya Pal.
...For the Respondent No.9.
The order passed by the Hon'ble Supreme Court in
SLP NO. 11588-11589 of 2023 dated 10th July, 2023 has
been placed in Court.
It appears therefrom that the judgment passed by
this Court on 18th May, 2023 has not been interfered
with but the direction for payment of costs have been
deleted.
The report filed by the Central Bureau of
Investigation in a sealed cover is placed before this
Court.
The report mentions that the authority is
continuing with the investigation. It has been mentioned
that on investigation of the complaint submitted by the
accused Kuntal Ghosh it has been conclusively
established that the complaint lodged by him alleging
torture at the hands of CBI officials and ED are false and
without any substance.
The said report is signed by the Superintendent of
Police, CBI, SIT, Kolkata dated 14th July, 2023.
The ED has also filed a report dated 14th July,
2023 signed by the Assistant Director, ED, Kolkata
Zonal Office-II.
The same mentions that proceeds of crime
amounting to rupees fifteen crore in respect of movable
properties in the form of bank accounts, shares, vehicles
etc. and 43 number of movable properties in the name of
Sri Kuntal Ghosh, Ayan Sil and Santanu Bandopadhyay,
their family members, their companies/firms were
identified and the same have been attached vide PAO
dated 13th July, 2023.
Investigation reveals that the proceeds of crime to
the tune of more than Rs. 350 crore have been generated
by various accused persons in the Primary teachers
recruitment scam only and the same has been utilized
for the personal use and/or siphoned of or invested in
movable and immovable properties. The proceeds of
crime have also been invested in the Bengali Film
Industries.
The total seizure and attachment in the case, at
present, stands at Rs. 126.70 crore.
On 20th May, 2023, search was conducted at 19
places which relates to the seizure for incriminating
documents and digital evidence. One person viz. Sri
Sujoy Krishna Bhadra @ Santu @ Kaku was arrested
who remained in ED custody for 14 days till 14th June,
2023.
A total number of more than 100 bank accounts
are under investigation. The proceed of crime has been
identified in the name of Sujoy Krishna Bhadra and his
family members and the money trial in this case is being
established for further action under PMLA.
Both the reports are resealed and kept with the
records.
It has been submitted by the learned advocate
appearing for the CBI and ED that the investigation is
still under progress.
Learned advocate appearing for the petitioners
submits that as huge sum of money has been generated
in the scam, accordingly, the names of the beneficiaries,
especially the teachers who are still in service ought to
be brought on record so that the ineligible candidates
may be screened out to make way for the eligible ones.
The recruitment process is of the year 2016 and
by this time approximately 42,949 teachers have been
recruited so far.
The Investigating Officers are directed to
investigate from all corners and place on record the
details of the beneficiaries of the scam particularly the
teachers who actually got the service in lieu of cash paid
through the agents or otherwise.
The investigating authorities shall enquire and
identify the teachers who were appointed in the said
recruitment process.
Let a further report be placed before this Court on
29th August, 2023.
The communication made by the Additional
Superintendent of Police, CBI, SEB signed on 13th July,
2023 to the Director, Directorate of Local Bodies in
relation to the municipality scam case be retained with
the records.
On the adjourned date the learned advocates
appearing for the CBI and the ED shall give the details of
the Investigating Officers who are investigating the
municipal scam case.
List on 29th August, 2023.
(Amrita Sinha, J.)
