Supreme Court Sets Aside Allahabad HC’s CBI Probe Order In UP Assembly Recruitment Case

The Supreme Court on Thursday (16 October) set aside the Allahabad High Court’s order for a CBI probe into alleged irregularities in the 2020–21 UP Legislative Assembly recruitment, emphasising that CBI investigations must remain a “measure of last resort,” not a routine step, Indian Express reported.

Earlier reports indicated that nearly 20 per cent of the recruited candidates were relatives of senior officials.

The Allahabad High Court, terming it a “shocking...scam,” had ordered a CBI probe into the matter in September 2023.

Setting this aside, a Supreme Court Bench comprising Justices J K Maheswari and Vijay Bishnoi observed that courts must exercise caution before ordering a CBI probe.

Referring to established legal precedents, the Supreme Court said that both the High Courts and itself should not direct such investigations “in a routine manner,” since invoking powers under Articles 32 or 226 of the Constitution demands "significant self-restraint".

"The exercise of inherent powers to direct CBI to investigate must be exercised sparingly, cautiously, and only in exceptional situations," the Bench added.

The Allahabad High Court’s decision to order a CBI inquiry stemmed from a public interest litigation that accused the external agency responsible for conducting the recruitment exam of favouring particular candidates.

The case reached the High Court after several unsuccessful candidates petitioned for the cancellation of the entire recruitment process and demanded that a fresh examination be conducted.

On 12 April 2023, a single-judge Bench ruled that to maintain public confidence in the recruitment system, the recruitments should be overseen by a specialised statutory body rather than selection commitee or a private agency.

It directed that all future Class-III posts in the Assembly and Council be filled through selections conducted by the Uttar Pradesh Subordinate Services Selection Commission (UPSSSC).

While a special appeal against the single-judge order was pending before a Division Bench, another group of petitioners filed a writ seeking to annul the recruitment and appointment of Assistant Review Officers.

They also called for a high-level investigation into alleged manipulation and favouritism in the appointment.

The Division Bench treated the matter as a suo motu public interest litigation and directed the Central Bureau of Investigation to carry out a preliminary inquiry into the allegations.

When a review petition challenging the Division Bench’s decision was dismissed, the case subsequently reached before the Supreme Court.

In its order on Thursday, the Supreme Court questioned how the Division Bench could entertain a suo motu PIL while entertaining the special appeal against a single judge order.

“If such direction is carried out, it would amount to entertaining a PIL against the order of the learned Single Judge, which primarily cannot be said to be in consonance with the rules prevalent and demand of propriety,” the apex court said.

The apex court pointed out that neither party in the special appeal nor in the writ petitions had "prayed for an inquiry by setting up the CBI into motion".

It observed that the Division Bench, in its pursuit of fairness and transparency in public employment, proceeded to "test the entire veracity of allegations cast upon the selection process".

The Supreme Court remarked that the High Court’s Division Bench relied on “assumptions of doubt” and ordered a CBI probe despite not having any necessary foundation and prayer by either of the parties.

It further said that counsel for the original writ petitioners explicitly stated that their clients were “not interested” in a CBI inquiry.

The Supreme Court clarified that it was not commenting on the merits of matter.

It asked the Allahabad High Court’s Division Bench to hear the special appeal afresh on its own merits.

The top court also set aside the suo motu PIL order and left it to the Chief Justice of the High Court to examine the “prevalent rules of the High Court and to register the said petition in the form as specified in the rules".

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