Assign Investigation To Some Other Competent, Dedicated Officer: Calcutta HC Removes ED's Investigating Officer In Primary Teachers Recruit Scam

The Calcutta High Court directed the Enforcement Directorate to remove Assistant Director Mithilesh Kumar Mishra as the investigating officer in the primary teachers recruitment scam.

Justice Amrita Sinha observed, "Investigation in the instant case ought to be conducted by thoroughly trained, experienced, efficient investigating officers. The Director, Enforcement Directorate is directed to immediately assign the job entrusted to Sri Mithilesh Kumar Mishra to some other competent, dedicated officer".

Senior Advocate Bikash Ranjan Bhattacharya appeared for the Petitioner, Deputy Solicitor General Billwadal Bhattacharyya appeared for the CBI, Junior Standing Counsel Sirsanya Bandopadhyay appeared for the State and Deputy Solicitor General Dhiraj Kumar Trivedi appeared for Enforcement Directorate.

A report was filed by the Assistant Director (AD) of the Enforcement Directorate (ED). The AD contended that three separate terms were constituted to enquire into various scams, including the primary teachers' recruitment scam. However, the AD could not answer satisfactorily to the Court regarding such investigations. 

The Court noted that the officer would not be competent enough to handle the recruitment scam involving highly influential politicians, film industry members, and bureaucrats. The Court held that the investigation in this case must be completed by a competent, trained, experienced, and efficient officer.

The Court Noted, “On such interaction the Court is convinced that the said officer will not be competent enough to handle the instant recruitment scam case which is of such huge magnitude. The said officer showed lack of confidence to investigate the matter involving highly influential politicians, members of Parliament, members of film industry, bureaucrats, businessmen etc”.

The Court directed the ED to reassign the inquiry of such scams to some other competent officer. The Court further directed the AD to hand over all the files and documents to the Supervising Deputy Directors.

Furthermore, the Court directed the ED to engage the AD in any other case. The Court directed the ED to engage a fresh investigating officer immediately.

Cause Title: Ramesh Malik & Ors. v. The State of West Bengal & Ors.

Click here to read/download Order