Senior advocate A.M. Singhvi, representing the West Bengal government, mentioned the matter before a bench headed by Chief Justice D.Y. Chandrachud that earlier this week a single-judge of the high court had prima facie held that the application filed by the commission was a benami application and sought to know who drafted the same.
Singhvi contended that the secretary of the education department has been summoned by the high court for examination. He added that the single bench of high court directed the CBI probe to find out whose brainchild was the application and who was pulling the strings.
The bench, also comprising Justice Hima Kohli, was informed that though the commission sought liberty to withdraw the petition, however, the high court did not permit it, and ordered a CBI probe on the origins of the application.
After hearing Singhvi’s submissions, the top court stayed the high court order directing CBI investigation into who was brain behind the commission’s application seeking to protect services of illegally appointed candidates by creating supernumerary posts.
The top court also stayed the high court order directing the personal appearance of West Bengal principal secretary Manish Jain.
The single judge bench of the High Court had directed the CBI to submit a report within the next seven days, to decide on the next course of action and the Principal Secretary of West Bengal was also asked to appear in court. The state government challenged this order before the division bench of the high court, which upheld the single-judge with regard to the fresh CBI probe. The West Bengal government moved the apex court challenging this order.