Author :Neya Dharshini S, SASTRA Deemed to be University
To the point
This Hemant Goswami vs CBI case talks about the scam that happened in the recruitment process of the selection of teachers by the Chandigarh Administration. This case has dealt with the following aspects. They are
Role of CBI
Judicial intervention
Judicial review
Transparency and accountability
Action taken by the administrative body
Right to information
Transparency is required in every field, and people have the right to know the functions of the public entities. This right has been conferred upon the people through the Right to Information Act. Generally, the cases being taken by the CBI would be cases of a criminal nature. But this scam case was taken up by the CBI after the High Court’s order. This case also deals with the question of whether any document finalised by the CBI can be given under the scope of supply of information. This case is about an administrative action scam, but due to its continuance and inadequate actions by the appropriate authority, the judiciary had to take up the case, and thus, judicial intervention happened. This case also solved the issue of giving the investigation report of the police to the CBI and the investigation report of the CBI to the police in Karamjit Singh vs Union of India and others.
Use of legal jorgan
Facts of the case
A scam happened in the recruitment process for the selection of teachers by the Chandigarh Administration. There was a lot of concealment of many processes. The criteria for the selection of teachers were influenced by many high-level authorities, and the process was manipulated by the Education Secretary. Hemant Goswami, a public-spirited person who has given voice to a lot of scams and brought justice, came to know about this scam that happened, and he filed a complaint about this. This complaint was made to CBI, and CBI initiated the investigation and collected evidence, noted their findings, but ended up saying that this scam need not be investigated by the CBI since there is no commission of a criminal offence and there is a mere irregularity in the proceedings. To file a further complaint, Goswami asked the CBI to disclose their findings and the evidence they collected during the investigation. In the first instance, CBI agreed to give the findings and evidence they collected during the investigation, but later they refused by citing that disclosing the evidence may lead to complicated hurdles. CBI also cited the case Karamjit Singh vs Union of India and others, in which the matter is pending regarding sharing the evidence and findings of one department with another department. Because of the filing of the complaint, the judiciary had to intervene in the administrative function, and thus, the line of separation of powers was blurred. Mainly, the complaint was filed in the High Court to direct the CBI to take up the case and investigate, as it involves the Education Secretary in the scam.
Legal provisions involved
Right to Information Act (RTI Act) – Section 8(1)(g) and Section 8(1)(g)
Section 8(1)(g) – Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen information, the disclosure of which would endanger the life or physical safety of any person or identify the source of information or assistance given in confidence for law enforcement or security purposes.
Section 8(1)(g) – Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen information which would impede the process of investigation or apprehension, or prosecution of offenders.
Indian Penal Code – fraud, cheating, and criminal conspiracy – Sections 415 to 420 of the IPC deal with fraud and cheating. Section 120 B of the IPC talks about criminal conspiracy.
Constitution – Article 226 enables the citizen to file a writ petition when their rights are violated or when their rights are being denied.
Contentions of the petitioner
Hemant Goswami filed a complaint with the contention that a scam has been happening on a large scale in the recruitment process for the selection of teachers. He said that the CBI has to take up the case as the scam itself is criminal in nature. When the CBI transferred the case to the police, they refused to give the evidence and findings taken during the investigation. Therefore, Goswami contended that there is a lack of transparency in the CBI’s functioning. He contended that every citizen has the right to get the evidence if it is essential for his/her further action through the RTI Act. He contended that, to ensure that there is no misinterpretation and faults in the functions of the administrative ground, Goswami filed a case to make the CBI investigate the case without any discrimination
Contentions of the CBI
The CBI contended that they cannot take up the case as there is a commission of a criminal offence, and mere regulatory measures are enough. The CBI contended that disclosing the evidence and findings because violate section 8(1)(g) and section 8(1)(h) of the Right to Information Act. They contended that disclosing the findings and evidence may lead to harmful consequences. Therefore, they objected to taking up the case and refused to give the findings as the same subject matter is pending before the court in the case of Karamjit Singh vs Union of India and others.
The Judgment
The High Court of Punjab and Haryana, after hearing the contentions of the petitioner and the CBI, held that the CBI should file an FIR and investigate the scam case. The court said that even though there is no serious offence has been committed, the recruitment process is of public importance and confidence, and so it needs to be investigated by the CBI.
Aftermath of the judgment
As per the order of the court, the CBI started to investigate the scam case. After the commencement of the investigation, the Chandigarh administration came up with a termination order for all the teachers who were employed during the scam period. Many of the teachers who were not involved in the scam were also terminated. Thus, the aggrieved teachers approached the Central Administrative Tribunal (CAT) by challenging the termination order. The court held that the issuance of a termination order to all the teachers is discriminatory and arbitrary. The court held that the teachers whose names are involved in the scam list should be punished, and the teachers who are innocent and unaware of the scam should not be punished. The teachers whose names are involved in the scam list should be investigated by the CBI, and they should be given the opportunity to be heard to uphold the Principles of Natural Justice. In the investigation, against whom the evidence is strong for involvement in the scam, disciplinary action should be taken by the Education Department. The innocent teachers should be protected. The termination orders against the wrongdoers were upheld by the court, and the termination orders against the innocent teachers should be quashed, and they should be permitted to continue their jobs. The High Court asked the CBI to continue the investigation and to submit the reports punctually, and asked to follow the principles of natural justice before passing any orders. The High Court was supervising the functions of the CBI throughout the investigation process.
Conclusion
Under the supervision of the High Court of Punjab and Haryana, the CBI completed the investigation process and has given a report stating that the scam has been committed. The teachers who got involved were subjected to disciplinary action, and the innocent teachers were protected. The scam was exposed to the public by the judicial intervention as the whole process was made in supervised by the judiciary. The transparent process brought public confidence. This case set a rule for how to adjudicate recruitment scam cases in the future. This case ensures the following factors.
Power of the right to information
Transparency and accountability in the investigation
Principles of Natural Justice
Protection of innocent individuals
Effect of judicial intervention
FAQs
What is the role of Hemant Goswami?
He is a social activist and a public-spirited person. When he came to know about the scam happening in the recruitment process, he filed a PIL and sought a transparent recruitment process and accountability. He pleaded the court that CBI should handle the case. Because of him, the court ordered the CBI to take up the case, and finally, the scam was exposed.
What is the current status of the investigation?
The CBI has not officially registered an FIR. The matter is now before the Punjab & Haryana High Court, which continues to press for action and transparency in response to Goswami’s persistent RTI demands to hold the officers accountable.
Why is this case important?
This case talks about the scam that happened in the recruitment process for the selection of senior-level involvement, which involves the Education Secretary. It also showcases how RTI activism can compel powerful agencies to reveal sensitive documentation. It sets a precedent to how to handle scam in recruitment process if it happens in future.
