Orders Directing CBI Investigation Must Be Passed Only In Exceptional Circumstances & Not Routinely - Calcutta HC

The Calcutta High Court has observed that orders or directions on the CBI to conduct an investigation should not be passed as a matter of routine or merely on the apprehension of a party.

The Court noted that passing such orders, or directions on the CBI, takes away the right from the police to discharge their statutory duties as per law.

"It is now well settled through a catena of decisions that orders or directions on the CBI to conduct an investigation are not to be passed as a matter of routine or merely on the apprehension of a party. This is an extraordinary measure and must be exercised sparingly, cautiously and only in exceptional circumstances. In passing such orders, or directions on the CBI, the Court invariably takes away the right from the police to discharge their statutory duties as per law.", the Bench of Justice Bivas Pattanayak and Justice Ravi Krishan Kapur observed.

The Court was adjudicating upon a petition pertaining to the transfer of one Santa Mondal. The Assistant Headmaster and Teacher-in-Charge of Shri Guru Vidyamandir High School (H.S.) had filed a writ petition in his personal capacity complaining of alleged illegalities and irregularities pertaining to a recommendation whereby Mondal was recommended as Headmistress of Shri Guru Vidyamandir High School (H.S.).

The Single Judge found the transfer of Santa Mondal to be void ab intio, and opined that she cannot work in Sri Guru Vidyamandir High School (H.S.). The Single Judge directed CBI to investigate the allegations that she was illegally transferred thrice.

This decision was challenged before the Division Bench of the High Court.

Senior Advocate Kalyan Bandopadhyay appeared for the appellants whereas Advocate Subir Saha appeared for the State.

The Division Bench held that the Court must consider the materials on record before arriving at a conclusion that investigation needs to be transferred to the CBI.

The Court observed that "There were simply no materials before the Trial Court nor have any reasons been recorded in the impugned order warranting the direction on the CBI to conduct an investigation."

"We are also of the view that the Learned Judge in passing the impugned order has arrived at a finding that Smt. Mondal had been illegally transferred. However, there are no reasons to justify such a finding. The Learned Judge has also concluded that the transfer of Smt. Mondal was void ab initio without giving any reasons thereof.", the Court noted further.

Therefore, the Court unconditionally stayed the impugned order directing CBI investigation.

Cause Title- Santa Mondal v. Prasun Sundar Tarafdar & Ors.

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