Paper leak: HC junks UPPSC plea against STF notice seeking docus

Allahabad: The Allahabad high court on Thursday dismissed a writ petition filed by Uttar Pradesh Public Service Commission (UPPSC), challenging the notice issued by the Special Task Force (STF) on May 31, 2019, seeking some documents in connection with the leak of examination papers of two subjects of LT Grade Teacher Exam-2018.
Dismissing the writ petition filed by the Commission, a division bench comprising Justice JJ Munir and Justice Anil Kumar refused to quash the notice, saying that keeping in mind larger public interest, STF shall have access to all the documents it requires for proper investigation. While dismissing the petition, the court observed, “It seems to us on a wholesome reading of the FIR that everything is not well with the Commission and the fidelity of the Service Selection Examinations held by them does require close scrutiny so that the institutional integrity of the Commission, to which they are entitled as a constitutional body, is maintained.” According to UPPSC, these are confidential and privileged documents. Hence as per rule, the UPPSC cannot be asked to disclose them before any investigative agency.
Earlier, After hearing counsel for UPPSC and the state government’s counsel at length, the court had on June 21, 2019, reserved its judgment in the case.
During the court proceedings, the state government’s counsel had opposed the stand taken by the UPPSC, saying that without having a glance over the documents and its verification, the role of the guilty persons involved in paper leak matter cannot be ascertained. Further, the STF, which is probing LT paper leak matter, has demanded only those documents, which are related to the leaking of examination paper. Hence, the UPPSC cannot interfere with the right and power of the investigating agency to investigate the matter.
The STF had on May 30, 2019, arrested UPPSC examination controller Anju Katiyar for her alleged involvement in leaking the examination paper of two subjects of LT Grade Teacher Exam of last year. Subsequently, she was sent to jail after being produced before the court.
The arrest came after several rounds of questioning and scanning her laptop and documents. Further questioning was being done in connection with the leak. The police team has also collected evidence from her office and residence.
In addition to it, the UP STF had on May 29, 2019, arrested Kaushik Kumar, owner of a printing press, which printed question papers for UPPSC, on the charge of leaking the papers of two subjects of the exam. Kaushik, who printed the 2018 examination papers, printed 50 extra papers that were leaked to the candidates. He claimed that he paid Rs 10 lakh to Katiyar for the printing contract.
Based on the confession of Kaushik Kumar, an FIR was lodged against nine persons, including the examination controller, at Cholapur police station of Varanasi. The accused have been charged for embezzlement, fraud and relevant sections of the Prevention of Corruption Act.