Guwahati: The Gauhati High Court has dismissed a petition filed by 13 suspended gazetted officers, accused in the Assam Public Service Commission (APSC) recruitment scam, clearing the way for their trial.
The officers had challenged the chargesheet filed by the Special Investigation Team (SIT) before the Special Judge’s Court. The High Court’s rejection of their plea allows the case to proceed to the Special Judge’s Court for trial.
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Initially, the SIT did not name these officers as accused. However, the Special Judge, after reviewing the case diary, took suo motu cognizance and ordered a fresh investigation with a new investigating officer. Subsequently, the SIT filed its 14th chargesheet, formally implicating the 13 officers.
The accused officers are: Dhruvajyoti Hatibaruah, Hitesh Mazumdar, Akashi Duwara, Kulapradip Bhattacharya, Rumi Timungpi, Farooq Ahmed, Kalyan Kumar Das, Nandini Kakoti, Analjyoti Das, Bikash Sharma, Jayanta Doley, Priyanka Deka, and Sauravpran Sharma.
APSC scam: Allegations of Government Protection and Inaction
The social media group “Fight Against Injustice of APSC” has once again accused the Assam government, specifically Chief Minister Himanta Biswa Sarma, of attempting to shield corrupt officials and disregarding the core recommendations of the Justice Biplab Kumar Sharma Commission report on the APSC scam.
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The group alleged that the Chief Minister is “hurting the spirit” of the commission’s report by focusing on peripheral issues and ignoring the central demand for the cancellation of “fraudulent” appointments.
Group administrator Manash Pratim Baruah criticized the Chief Minister for acting as an “advocate of some frequently selected officers” and disregarding legally sound recommendations.
Baruah pointed out discrepancies between the Chief Minister’s statements and the commission’s findings, including the claim that there’s no precedent for cancelling appointments based on the report.
“The Chief Minister has given his opinion on the basis of some things that are not legally acceptable and even not mentioned in the Commission’s report,” said the group’s administrator Baruah.
He highlighted that the Commission cited Supreme Court Judgements and the cancellation of appointments in Manipur’s Public Service Commission.
The group also criticized the use of a Chief Secretary’s committee for advice, arguing it lacks legal standing under the Commission of Inquiry Act, 1952.
In May 2022, the Assam government had set up a five-member committee, chaired by then chief secretary Jishnu Barua, to review the inquiry commission’s report on irregularities in the APSC’s 2012 civil service examinations (CCE-2013).
Further, the group refuted the Chief Minister’s claim that the commission’s report suggests some tainted officers would have secured positions legitimately, accusing the government of protecting fraudulently appointed officials.
“This proves the truth of the long-standing allegations that the Chief Minister has been protecting officials selected through fraudulent means,” he said.
The group highlighted the government’s inaction against nine officers (five APS and four ACS) named in the Justice Biplab Sarma Commission report for allegedly securing jobs fraudulently, despite the Special Judge Court of Assam taking suo motu cognizance.
These officers are: Nabanita Sharma, Ashima Kalita, Amritraj Choudhury, Rituraj Dolcy, Swarup Kumar Bhattacharjya, Nandita Hazarika, Tridip Roy, Bikram Aditya Bora, and Jagadish Brahma.
They also raised concerns about the differential treatment of officers, questioning why 39 officers from the 2013 Civil Services Examination, whose chargesheet was filed by Dibrugarh Police, were dismissed, while others with similar charges were only suspended.
The group dismissed the Chief Minister’s explanation regarding the probation status of dismissed officers as “ridiculous,” arguing that the government is funding their legal battles with taxpayer money.
The administrator of the Fight Against Injustice of APSC maintained that the government’s actions have undermined the commission’s findings and perpetuated a culture of impunity, alleging that “corrupt officers” continue to hold important positions due to the Chief Minister’s patronage.
He also questioned the cancellation of 217 appointments in the Fisheries Development Corporation, and around 700 appointments in the Transport Corporation, while allegedly protecting corrupt appointments from the Congress era.