The Calcutta High Court in the case Soumen Nandy v State of WB & ors observed and has directed the Enforcement Directorate, ED in order to remove Director Mithilesh Kumar Mishra, who is investigating the Primary Teacher Recruitment Scam in West Bengal, from the investigation, and for him to be reassigned on other matters, not assigned within the State.
The single-bench headed by Justice Amrita Sinha in the case observed and has expressed at the Enforcement Directorate, ED’s incomplete report on the assets of various recruitment scam accused, which includes MP Abhishek Banerjee, and noted that the interaction with Mishra in open-court regarding the investigation was ‘unsatisfactory.’
The counsel, DSG Dhiraj Trivedi appearing for the ED submitted before the court that the officers were vary of having their names or contents of their report being revealed during live-proceedings of Court due to the possibility of the investigation which is being influenced.
The court while recording the submissions of the DSG’s held that the ED would be placing a much more comprehensive report on the October 10.
The bench in its order stated that the ED has filed another report. Thus, the said court is yet to peruse the entire report. It has been reflected in the page five of the report that Mithilesh Kr Mishra, signatory to the report, is investigating the primary teacher recruitment scam.
The court on the last occasion interacted with Shri Mishra, who was unable to provide satisfactory answers to the Court’s question, wherein the court is convinced that the said officer will not be competent enough to handle the present case which is of a huge magnitude. Director, Enforcement Directorate is directed to immediately assign the work entrusted to Shri Mishra to some other competent officer, immediately and Shri Mishra shall be relieved from the investigation of the present case.
However, Shri Mishra may be engaged in some other case, but he will not be entrusted to investigate any case arising in the State of West Bengal.
Further, the court observed and has directed the Enforcement Directorate for ensuring that the summons issued to MP Abhishek Banerjee was complied with, such that the investigation was not happened in any way.
