New Delhi [India], April 28 : The Supreme Court on Friday directed the Central Bureau of Investigation (CBI) and Enforcement Directorate to maintain the status quo for a week into its probe in a case relating to irregularities in recruitment in West Bengal.
"We direct that the CBI and Enforcement Directorate shall maintain the status quo for a period of a week," a bench of Chief Justice of India DY Chandrachud and Justice PS Narasimha said.
The court disposed of the plea filed by the West Bengal government and asked the Calcutta High Court to hear afresh the matter.
The State of West Bengal has moved the top Court after being aggrieved by the impugned order dated April 21, 2023, of a Single Judge of the High Court at Calcutta, transferring the investigation to the CBI.
Kapil Sibal, senior counsel appearing on behalf of the petitioner, submitted that the state of West Bengal was not served with the proceedings nor had notice of the proposed direction for the CBI to investigate the matter.
"The High Court has recorded, in the course of its order, that none appeared on behalf of the state, though served. On the contrary, West Bengal told the SC that in the said application the Applicant in Calcutta HC has not even arrayed the Department of Urban Development and Municipal Affairs as a party, instead the Applicant had randomly served Advocates associated with the Government Pleaders Office, which was informed subsequently, instead of serving the concerned Advocates or the concerned Department for appropriate action. Such mischief by the counsels, ought to have been frowned upon, instead of being strengthened vide the Impugned Order herein," the West Bengal government said.
The top court said, "In the interests of justice, we are of the view that it would be appropriate if the State of West Bengal is heard afresh by the High Court on the issue as to whether the investigation should be initiated by the CBI. We accordingly permit the petitioner to move a petition by way of review before the High Court. The High Court shall, after hearing the parties, take a considered view in the matter".
Senior Advocate Kapil Sibal stated that the High Court would be moved by way of a review within three working days.
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