Kolkata, March 22 The Calcutta High Court on Friday issued a notice to West Bengal Chief Secretary B.P. Gopalika, directing him to specify the deadline by which the state government will give its approval for the beginning of trial against the arrested individuals linked to the state education department in the cash-for-school-jobs case.
During the hearing on Friday, the counsel for the CBI complained to the division bench of Justices Joymalya Bagchi and Gaurang Kanth that although the central agency sought approval from the state government at the end of 2022, the same is yet to be granted.
The bench also said that in the reply to be submitted to the court by April 3, the Chief Secretary must specify why it took so long to grant the approval.
As per the legal procedure, despite the investigation being carried out into the case following a direction from the Calcutta High Court, the beginning of the trial process against those government officials who have been named in the chargesheet will require approval from the state government.
“The investigation is at the closing stages, but the trial process at the lower court cannot be started because of the non-availability of the state government's approval,” the CBI counsel argued.
As per the legal norms, for beginning a trial against any state minister, the permission of the Governor is required, and in the case of state government officials, permission is required from the Chief Secretary.
Although Bengal Governor C.V. Ananda Bose has given the necessary approval to initiate the trial against former West Bengal Education Minister Partha Chatterjee, a prime accused in the school jobs case, the nod for the trial against the accused state government employees is yet to come from the Chief Secretary.
Now the high court has issued a notice to Chief Secretary Gopalika, asking him to specify the deadline by which the state government will give its approval for the initiation of the trial process.
“When the investigation process is being monitored by the court, such delay is not acceptable. Granting the approval should be an automatic process, which cannot be delayed," Justice Bagchi observed.
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