Supreme Court Sets Aside CBI Probe into West Bengal Cabinet’s Creation of Supernumerary Posts
The Supreme Court on Tuesday overturned a portion of the Calcutta High Court's order that had directed a CBI investigation into the West Bengal cabinet’s decision to create supernumerary posts in state-run and aided schools.
New Delhi: The Supreme Court on Tuesday overturned a portion of the Calcutta High Court’s order that had directed a CBI investigation into the West Bengal cabinet’s decision to create supernumerary posts in state-run and aided schools.
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Cabinet Decisions Not Subject to CBI Probe, Rules SC
A bench led by Chief Justice Sanjiv Khanna and Justice Sanjay Kumar ruled that cabinet decisions, particularly those like the creation of supernumerary posts, fall within the constitutional framework and cannot be subjected to judicial scrutiny or criminal investigation. “The high court was not justified in referring the issue of creation of supernumerary posts to the CBI,” the bench observed.
Supernumerary posts are temporary positions created to accommodate individuals who are entitled to a permanent post, which may currently be unavailable. The West Bengal cabinet had used this provision to create positions in connection with the appointment of teachers and staff in government and aided schools.
CBI Investigation into Other Aspects to Continue
While the court protected the cabinet’s decision from CBI scrutiny, it clarified that this protection does not extend to other elements of the ongoing investigation. The Supreme Court stated that the CBI probe into the controversial appointment of 25,753 teachers and staff will continue, as the entire selection process had already been declared “vitiated and tainted” by the apex court in an earlier ruling on April 3.
Court Clarifies Scope of Its Order
“We clarify that our observations in this order are limited to the extent of direction to investigate the creation of supernumerary posts and not in any way reflect upon the investigation and chargesheets filed by CBI in other aspects,” Chief Justice Khanna noted during the hearing.
The ruling marks a partial relief for the West Bengal government, which had challenged the High Court’s decision on grounds of overreach into executive domain. The rest of the CBI investigation into irregularities in school appointments in the state remains unaffected.
