SC stays CBI inquiry into U P constable recruitment scam

The Supreme Court on Monday stayed the Allahabad High Court order for CBI inquiry into Constable recruitment scam in Uttar Pradesh. The Central Government had moved to the apex court saying that without even looking into the issue if the state police is not investigating the matter properly, the High Court could not have passed such an order. The Supreme Court has now issued a notice to the U P Government to clear its stand on Central Government’s petition. The state government had earlier recommended for the CBI inquiry into the whole matter whereas the Central Government had refused the same.

The Allahabad High Court had directed the CBI to probe the alleged irregularities in the recruitment of nearly 23,000 police constables during the regime of former chief minister Mulayam Singh Yadav. Under the scanner were several top police officers who, it is learnt, were a part of the recruitment process. A Division Bench, comprising Justice Anjani Kumar and Justice Vijay Kumar Verma, had directed the CBI and the Union government to investigate the matter as requested by the state government on February 4, 2008.

The HC order came after a petition filed by one Amit Kumar Shukla and three others, who were among the candidates for the exam held in 2005. The petitioners had challenged an order dated April 21, 2008, whereby the Centre had turned down a request made by the UP government for a CBI inquiry into the alleged scam. The High Court had observed that the CBI's refusal to probe the matter could not be sustained by law since recent findings have indicated that the entire recruitment process was faulty.

When the central government’s counsel questioned the authority of the petitioners to demand a CBI inquiry, the court observed: “The petitioners are unsuccessful candidates and there are complaints of malpractices adopted in the impugned selection... hence the locus standi of the petitioners could not be questioned."

A high-level committee under the state chief secretary had recommended a CBI inquiry into the matter. The anti-corruption agency of the state had also submitted a report on April 16, 2006 to the state government, revealing glaring facts. It indicated that the requisite documents presented by applicants had also been forged.

The agency had also initiated the process to prosecute nearly 30 police officers involved in the scam under the Prevention of corruption act and various sections of the Indian Penal Code. Subsequently, the officers tendered a formal apology to Chief Minister Mayawati. While she accepted their apology and called off the proceedings against them -- in May 2007 -- she had sacked the 23,000 constables selected through the process.