Calcutta High Court Grants Bail To Former Education Minister Accused In Recruitment Scam
The Calcutta High Court has granted bail to former state education minister Partha Chatterjee, accused in the multi-crore recruitment scam.
Justice Suvra Ghosh held: "The petitioner is in custody for more than a year. He has been granted bail in the E.D. case. He has not been interrogated by the investigating agency after 15th October, 2024. He is similarly circumstanced with coaccused Manik Bhattacharya who is on bail. Investigation is still continuing. There is little possibility of commencement/conclusion of trial in near future. It is trite law that incarceration of an under-trial should not amount to punitive detention...this Court is of the view that further detention of the petitioner is not justified and he may be released on bail subject to stringent conditions."
Chatterjee was the Education Minister of the State of West Bengal since 2016. He was a member of the West Bengal Legislative Assembly since 2001 and a member of the ruling party. He was also a minister in the West Bengal State Cabinet from 2011 to 2022.
An FIR was registered against unknown office bearers of the West Bengal Board of Primary Education for offences punishable under Sections 120B/420/467/468/471/34 of the Indian Penal Code, read with Sections 7/7A/ 8 of the Prevention of Corruption Act by the CBI Anti-Corruption Branch.
It was alleged that the accused persons gave appointments to ineligible candidates on extraneous considerations. A charge sheet was submitted on 18th May, 2023 wherein the petitioner was not named. Thereafter, supplementary charge sheet was submitted which did not name the petitioner.
The CBI filed another application for showing the arrest of the petitioner in the present case on account of his role in the recruitment scam. Such prayer was allowed and the petitioner was shown as arrested in the present case on 1st October, 2024. Second supplementary charge sheet was submitted by the CBI wherein the petitioner has been named as one of the accused.
Prayer for further investigation made by the CBI
On the basis of the FIR, an Enforcement Case Information Report (ECIR) dated 24th June, 2022, registered by the Directorate of Enforcement (for short the E.D.), the petitioner was arrested on 23rd July, 2022.
Counsel for the petitioner has submitted that the case is based on documentary evidence and all the documents pertaining to the case are in custody of the CBI/the Court. The documents collected by the CBI are also part of the documents in the case registered by the E.D.
It was submitted that the Supreme Court has granted bail to the petitioner in the E.D. case on 13th December, 2024, considering his prolonged detention.
Counsel for the CBI submitted that the petitioner, in criminal conspiracy with Manik Bhattacharya, appointed 310 out of 752 candidates as primary school teachers without conducting any interview.
It was stated that all the accused persons, including the petitioner, joined hands in securing the illegal appointment of undeserving candidates in lieu of extraneous consideration. The transcription of the call details demonstrates a direct nexus of the petitioner with the alleged offence.
Court noted that the petitioner, Manik Bhattacharya and others prima facie misused their official position and appointed undeserving candidates as primary school teachers in lieu of consideration, thereby depriving the legible aspiring candidates of public employment.
"Undoubtedly the allegations are extremely grave and involve corruption which adversely impacts the society at large," the court noted.
It was held that co-accused Manik Bhattacharya, on whose behest the entire episode took place, has been granted bail by this Court.
Court noted that the petitioner is no longer holding the post of the Education Minister of the State, and has responded to the summons issued by the investigating agency. He was also said to be suffering from various ailments. Thus, the court noted that there is little chance of his abscondence.
Accordingly, it granted bail.
Case: Partha Chatterjee v/s. Central Bureau of Investigation
Case No: CRM (M) 427 of 2025