2024 (5) TMI 1491

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....oticing that the conspiracy was hatched by public servants in responsible positions of State administration including the Primary Education Board, the learned Single Judge directed Central Bureau of Investigation to conduct investigation. Investigation proceeded and a number of reports were filed before the learned Judge. These reports disclose a disturbing state of affairs. The recruitment process for appointment of primary teachers in the year 2016 was submitted and over 300 illegal appointments were made. Modus operandi for such illegal appointments was unique. A decision was taken by the Board to award one mark to candidates who had fallen short by a mark in the Teacher Eligibility Test (for short 'TET'), that is to say candidates in ge....

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....itioner had been appointed. Notwithstanding these facts which disclose involvement of the petitioner to procure undue favour from public servants against illegal gratification, the investigating agency, for reasons best known to them, did not add offences under the Prevention of Corruption Act in the charge-sheet. 4. Learned Magistrate noticing these lacunae in the charge sheet took cognizance under section 7A of the Prevention of Corruption Act. Presently, further investigation is in progress to unravel the nexus of the petitioner with the office bearers of the Board for procuring illegal appointments to public posts. Investigation is also continuing to trace out the money trail from the petitioner to other influential persons. At this st....

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....g and reintegrating proceeds of crime. In the event he is released on bail he shall influence the candidates and others whose evidence is vital to establish the crime. He shall also scuttle the further investigation with regard to the conspiracy between himself and other office bearers of the Board. Analysis and findings:- 7. We have gone through the charge sheet. Allegations in the charge sheet disclose deep and pervasive corruption prevailing in the recruitment process of teachers in primary schools for the year 2016. Office bearers of the Board had entered into a conspiracy and devised an ingenious strategem to ensure appointment of favoured candidates who were ready and willing to shell out illegal gratification. Deserving candidates....

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....t, (2020) 13 SCC 791 (para 19); that in offences involving corruption in public offices, gravity of the crime ought not to be measured only with reference to quantum of punishment. Impact of such offences on the purity of public administration and rule of law are relevant considerations. In the present case the corruption has polluted the recruitments to primary schools. It is the fundamental duty of the State to provide free and compulsory education upto the age of 14 years. When this constitutional duty is polluted and devastated through the greed of public servants and their associates like the petitioner, gravity and magnitude of the crime must be seen through the prism of constitutional dereliction and not merely with reference to the ....