HC sets aside order to open CBI report into MPS recruitment

Syllad | The Rising MeghalayaFebruary 22, 2019

SHILLONG: The Meghalaya High Court has set aside an order directing the opening of the Central Bureau of Investigation (CBI) report into the alleged manipulation in the recruitment of Meghalaya Police Service (MPS) officers.

“In the stated facts and reasons, the direction of Single Judge passed on 15.11.2016 for presence of Superintendent of Police, CBI and opening of CBI report as produced in a sealed cover is set aside,” the division bench comprises of chief justice Mohammad Yaqoob Mir and Justice HS Thangkhiew said in its judgement passed here on Thursday.

The division bench has also disposed of the writ appeal filed by the Meghalaya Public Service Commission (MPSC).

It is the contention of counsel for the appellant that the direction of SP, CBI to remain present and then opening of CBI report as produced in a sealed cover in presence of SP, CBI and counsel for the parties runs contrary to the direction issued by the Appellate Court while disposing of Writ Appeal No.67 of 2016.

The Single Judge vide order dated June 16, 2016 had directed SP, CBI to conduct preliminary enquiry in relation to the subject matter of writ petition wherein the process for recruitment of Meghalaya Police Service has been put into question.

The writ petition was filed by one of the candidates, Millon Ch, Momin, who alleged manipulation in the recruitment to fill up 34 posts of Meghalaya Police Service Officers under Home (Police) department.

During pendency of the appeal, preliminary enquiry was completed by CBI, the report in a sealed cover was submitted. Appellate Court while disposing of the appeal has opined that the Appellate Court is unable to endorse the process adopted by the Single Judge.

However, for the subsequent events and factors annulling of the enquiry was not proper.

The bench said that the report made by CBI and the entire material in the sealed cover is not required to be opened.

“In the interest of justice, the entire material with the record of writ petition has to be placed before the Single Judge, who may examine such material as deemed necessary and take a considered decision in the matter in accordance with law,” it said.

It also stated that it is quite clear that the order dated 16.06.2016 has to remain in abeyance until specific finding is returned in the writ petition visà-vis contentious issue. It is thereafter the aspect relating to CBI report could be examined by the Single Judge.

“In short, once the order dated 16.06.2016 providing for CBI enquiry is kept in abeyance as a necessary corollary thereto, the report submitted by CBI cannot be considered until the Single Judge returns a final or at least prima facie finding on the contentious issue as raised against the maintainability,” it said adding “The Single Judge shall proceed in tune with the conclusion of the judgment dated 26.10.2016 passed in WA No.67 of 2016.”

Stating that lot of time has been already consumed; the bench directed that in order to avoid further protraction writ petition shall be listed before the Single Judge having roster in the next week.