CAN SSC SCAM ACCUSED EMPLOYEES BE FIRED WITHOUT INQUIRY? JUSTICE AMRITA SINHA DECIDES!

[00:00:00]What happens in this meantime, they have been both of these persons are responsible for all the data entries.

[00:00:07]And all the jobs including the 2016 selection process as also the present selection process.

[00:00:14]>> For entering data.

[00:00:15]>> Data is all other technical things.

[00:00:17]>> All the technical work.

[00:00:18]>> The other things.

[00:00:19]>> All right.

[00:00:20]>> So what happens uh Since they were actively there in this selection process because they were entering all these data and everything.

[00:00:29]So what happens their name also transferred in the charge sheet and everything of the CBI in the ongoing investigation as well as on the ED.

[00:00:36]So the ED came with the conclusion that they are not financially involved in this matter. Anyways, they are there.

[00:00:43]So in this meantime they themselves made two applications in the learned court below for for being as approver. Means they will be saying what whatever information they have or instructions from whoever it is and they may be pardoned. Be that as it may, these proceedings are there. My cases are appearing in the charge sheet.

[00:01:02]So even the this what you sanction is also granted for the government so that I the criminal case may be started against us.

[00:01:11]In this meantime what happens I received the impugned notice on I tell you 11th of June where the School Education Department writes to the NIC National Informatics Center. We for the purpose you can see that letter you see at page number 42.

[00:01:31]So that is a letter from the School Education Department to the NIC.

[00:01:37]A copy has been given to the Secretary of the School Service Commission, not to me.

[00:01:42]So it says if I just could place third paragraph which starts with besides.

[00:01:47]As you got that?

[00:01:48]>> Yes, yes.

[00:01:49]>> Besides >> are likely to be terminated by today as sanction for prosecution has been given.

[00:01:53]You are requested to depute one senior person for at least six months for disposal.

[00:01:57]>> Yes.

[00:01:58]>> Yes.

[00:01:58]>> So, after this one, I'll take you to the next page.

[00:02:00]Page number 43. [clears throat] So, my lord, it is 12th of June, 2026.

[00:02:06]My lord, I have been We have been directed, my lord, so that we hand over the charges.

[00:02:11]So, my lord, this is how we are right now being terminated even without, my lord, any show cause, any disciplinary proceeding, and everything.

[00:02:18]Last thing, my lord, I'll I'll be just taking your lordship to the contract of us.

[00:02:22]My lord, if I just could directly take your lordship, my lord, to My lord, page number My lord, 25.

[00:02:30]So, my lord, 25, my lord, is contract between myself and this school service commission.

[00:02:36]My lord, of, my lord, >> How How were you engaged?

[00:02:41]Was there a regular selection process?

[00:02:43]>> proper interview and everything >> All right.

[00:02:47]>> My lord, be that as it may, so page number 25.

[00:02:50]>> Mhm.

[00:02:50]>> My lord, I have all these appointment letters before of 2008, which says, my lord, that in the proper selection process I came. I am not taking your lordship to that, but it is annexed.

[00:02:59]>> Mhm.

[00:02:59]>> My lord, page number 25, if I take your lordship to your lordship, you'll see this is an agreement between myself and the commission.

[00:03:05]So, it is of 11th of January, 2016.

[00:03:07]>> Mhm.

[00:03:08]>> So, I just directly take your lordship to page number 26.

[00:03:12]>> But then I see the appointment letter is of 2010.

[00:03:14]>> My lord, time to time extended, and this agreement is executed in 2016.

[00:03:19]>> So, prior to that, there was no agreement.

[00:03:21]>> No such agreement >> This is a formal agreement in 2016. All right.

[00:03:25]>> square agreement, but this agreement was issued, my lord, in supersession of all the earlier agreement.

[00:03:28]>> All right. Yes, what does it say?

[00:03:30]>> So, page number 26, my lord, one, uh clause one, if I take your lordship.

[00:03:34]>> Yes, yes.

[00:03:36]>> It's there.

[00:03:37]>> Continuous service >> So, uh >> up to age of 60 years.

[00:03:40]>> to the age of 60.

[00:03:42]My lord, then comes down to my lord, four. I'll not take you trouble your lordship because I have been given all the career advancement scheme and all other casual leaves. I'll just directly take your lordship to the My lord, page number 3030.

[00:03:55]>> Termination portion?

[00:03:56]>> Yes, page number 30, clause 10.

[00:04:01]>> General conditions?

[00:04:02]>> General conditions of service in operation and those which will uh be >> enforced >> enforced to future include to future in in future including provisions of disciplinary measures if required will also >> remain remain operative as per provisions of the state government rules.

[00:04:20]>> Yes, service rules and conditions.

[00:04:21]>> Mhm.

[00:04:22]>> So my lord, I say my lord that apart from the judgment that I'll not be relying upon the judgment here because my lord, this is this will be anyways against article 311(2).

[00:04:31]So my lord, the judgment says that even the contractual employee cannot be terminated without any inquiry or disciplinary proceeding. So here my lord, I am someone my lord against whom my lord this with with whom my lord this contract is always there.

[00:04:44]So my lord, my respectful sub though my lord, I have not been given with the termination letter, but lordship has seen the uh the nature of this contract.

[00:04:51]So all I pray before your lordship that if they want to take any kind of my lord action against me, let that be done my lord pursuant to the law and after in accordance with the law and after the disciplinary proceeding or inquiry is conducted.

[00:05:04]Only my lord, I have been the the the sanction has been given by the government so that prosecution can lie against me. That my lord does not my lord make me an the guilty person.

[00:05:14]>> As of now, you are not prejudiced. Only handover respective charge.

[00:05:19]>> Yes.

[00:05:20]>> So as of now, nothing.

[00:05:21]>> Yes, handover >> Let them You have not been terminated.

[00:05:26]>> My lord, lordship has seen the nature >> I have seen >> it's likely to be terminated.

[00:05:30]>> It's only handing over of charge.

[00:05:32]>> Yes, handing over the charge.

[00:05:33]>> And let the respondents respond.

[00:05:37]Then we'll see. In case there anything comes up, you can come up with an application.

[00:05:42]Please come.

[00:05:43]>> My lord, if if if my lord, they at least my lord >> All right, do have anything >> No my lord, I was going to say that it is premature.

[00:05:50]Because at this moment we've only asked for charge. Now charge has to has to be given because why I tell you after the what happened in the SLSC 2016, there is an administrative decision that it has to be handed over to NIC. We don't want to take any chance. So therefore that's the reason why they have to hand over charge, but otherwise no suspension, nothing. No so far action has been taken.

[00:06:14]that they they are going to issue anyone Anyone take a decision in proceeding or something of that They have not said that they will initiate disciplinary proceeding.

[00:06:24]But I have also not said no, so when this time comes you come. When it comes we will see. As of now how are you agreed? Okay, last minute I just take you once again last minute the letter of in that minute of 42. I have seen that.

[00:06:38]What is the language of this two contractual employees who have been doing of maintenance of database in connection with the And if the court is of the opinion that there is a violation in the contract, you go before the civil court, then what is going to happen? But I just this is your lordship this statutory contract that I just this this this this are the employees of the government.

[00:06:59]They are Maybe. As of now As of now They are likely to be terminated today. It is No no kindly kindly record that without following due process of law, we will not do anything.

[00:07:10]Due process of law or it is before you. I'm so grateful to my last hearing.

[00:07:19]That is what I pray. Without due process of law I nothing should be no step should be taken against me. You never know which law it will be applied. So Let it be in accordance with the law. It is I'm not saying that I'll be there in the office and everything. All I say is that this kind of letters where I have been working there for the last 50 20 years.

[00:07:37]So there they have just saying they're likely to be terminated today. The government says and they asked me yes, you immediately hand it over."

[00:07:44]>> Listen, the post in which you were serving, whether you are actually involved or not, whether you have been used as a pawn or not, you never know.

[00:07:54]You say you want to be an approver.

[00:07:56]>> But I do not in connection with the criminal proceeding. But I whether I >> That is the work that you did.

[00:08:02]>> But may I JUST RESPECTFULLY >> WHATEVER HAS BEEN said or not said, you fed in the machine.

[00:08:08]>> criminal proceeding. But in the disciplinary proceeding it will be any evidence what I have done.

[00:08:13]>> Yes.

[00:08:14]>> So what I this is what I >> As of now, it has not started.

[00:08:17]>> So please let me submit my learned senior is recorded that yes, they are saying that without due process nothing will be done. This is what I pray.

[00:08:25]Can you record this? Because they are submitting this before your lordship.

[00:08:29]>> Why put your learned senior friendly double? Let written instruction come.

[00:08:33]>> This this is this is what >> LET WRITTEN INSTRUCTION COME. I'll put it in writing.

[00:08:37]>> Let the written instruction come.

[00:08:38]>> Let it come. This is what the very first thing I said, let a report from the authority come as to what they are going to do, not do, nothing of this sort.

[00:08:47]>> I should be protected in this meantime.

[00:08:51]>> There is no punitive ACTION AGAINST YOU.

[00:08:56]WHY WHAT IS TO BE RECORDED? The The petitioner uh petitioners are serving under contract.

[00:09:10]uh with the West Bengal Central School Service Commission.

[00:09:13]Stop. As per the contract they their service is to continue up to 60 years of age.

[00:09:30]Stop.

[00:09:32]The Petitioners are Now, the petitioners were serving as data entry operator in the office of the West Bengal Central School Service Commission.

[00:09:48]Stop.

[00:09:53]As the petitioners were in service and also um responsible for uh entering data in the uh first SLST {comma} 2016 and also the second SLST 2025 {comma} and the uh a criminal proceeding criminal ticket in a proceeding under uh is it PMLA or what?

[00:10:29]>> Prevention of Corruption >> Uh it's under the Prevention of Corruption Act has been initiated against them.

[00:10:37]Stop.

[00:10:39]The employer, however, has not yet initiated any disciplinary proceeding against the petitioners.

[00:10:48]Stop.

[00:10:50]The petitioners um came across a communication dated 11th of June 2026 by the additional secretary to the government of West Bengal School Education Department {comma} Secondary Branch addressed to the State Informatics Officer {comma} National Informatics Center mentioning that >> Two contractual employees of the commission who have been doing the maintenance of database in connection with the ensuing recruitment process are likely to be terminated as sanction for prosecution under Section 19 within bracket one of the Prevention of Corruption {comma} 1988 has been issued against them by the competent authority.

[00:12:08]Stop.

[00:12:10]Request was made before the uh State Informatics Officer for deputing one senior technical person person for at least six months under the disposal of the commission to complete the entire recruitment process in time.

[00:12:35]Stop.

[00:12:38]Paragraph.

[00:12:39]By an order dated 12th June 2026 by the Secretary {comma} West Bengal Central School Service Commission {comma} the petitioners have been ordered to hand over their respective including relevant CDs {slash} pen drives of the examination processes.

[00:13:12]Stop. Paragraph.

[00:13:14]The petitioners apprehend that their service may be terminated without initiating a disciplinary uh a regular disciplinary proceeding.

[00:13:28]Stop. Prayer has been made to set aside the impugned orders and order dated impugned communication dated 11th of June 2026.

[00:14:13]And to maintain status quo as regards the service of the petitioners.

[00:14:20]Paragraph um Learned counsel representing the commission submits that the writ petition is premature. Stop.

[00:14:33]No coercive and or punitive step has been taken against the petitioners till date.

[00:14:42]Stop.

[00:14:45]Prayer has been made to dismiss the writ petition.

[00:14:49]Paragraph Upon hearing the submission made on behalf of both the parties and on perusal of the documents annexed to the writ petition it appears that uh as on date, the service of the petitioners have not been interfered with by the authority.

[00:15:14]Stop.

[00:15:16]The petitioners have merely been ordered to hand over their respective charges. Stop.

[00:15:24]The petitioners are serving under a contract which requires the employer to follow the provisions of the disciplinary measures of the state government comma if required.

[00:16:10]Stop paragraph.

[00:16:12]The authority would be bound to act in terms of the contract and in accordance with law.

[00:16:22]Stop. In that case, it can be disposed of. The repetition stands disposed of.

[00:16:37]Is the petitioner not handing over charge?

[00:16:40]In that case, you In that case, you can immediately start punitive action.

[00:16:48]That is the main ground for you.

[00:16:53]Why force it? Whatever is there, proceed.

[00:17:07]I am a program officer.

[00:17:12]Program officer.

[00:17:15]Service is taken on record.

[00:17:17]>> Service is taken on record.