Primary Teacher’s Recruitment Scam Case: Supreme Court Stays Justice Gangopadhyay’s Order to the Secretary General of SC

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On April 28, 2023, Justice Abhijit Gangopadhyay of the Calcutta High Court in a suo motu proceedings directed the Supreme Court Secretary-General to produce the report and present the official transcripts of an interview, he gave to the ABP Ananda news channel. The Supreme Court (SC) stayed the Calcutta High Court Judge’s order in a special meeting to place documents on the basis of which the top Court gave the decision earlier on April 28 (Friday). The order of Justice Gangopadhyay reads “This is required for the sake of transparency. I will be waiting in my chamber till 12.15 am to get the two sets in original which were placed before the judges of the Supreme Court today (28th April).”  In this context, the bench comprising Justice Hima Kohli and Justice A.S. Bopanna said, “no further proceedings in the matter is required”.  

The order passed by the Calcutta High Court’s Judge was in concern with the Primary Teacher’s Recruitment Scam case where the SC bench hearing then ordered to reassign the case to another judge. During the hearing, Solicitor General Tushar Mehta agreed that the Calcutta High Court judge “ought not to have passed the order”. The bench further ordered that “It has been rightly pointed out by him that an order of the present nature ought not to have been passed in a judicial proceeding, more so keeping in view the judicial discipline expected to be maintained. In that light, we hereby stay the order dated 28 April 2023 passed in suo moto proceedings by the learned Single Judge of the High Court of Calcutta in WPA No 10634 of 2023. We direct the Secretary General of this Court to communicate a copy of this order to the Registrar General of the High Court of Calcutta forthwith, who shall in turn place the same before the learned Single Judge.”

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