The Gauhati High Court has declined to enforce the findings of a judicial commission probing the Assam Public Service Commission (APSC) recruitment scam, observing that such reports are recommendatory in nature and do not carry binding legal force.
Hearing a batch of petitions filed by affected officers, the court noted that a commission of inquiry report, by itself, cannot be treated as enforceable unless followed by due administrative or legal action. It underlined that such reports only offer recommendations to the government, which must then decide the course of action in accordance with law.
The petitions were filed by several officers who had challenged disciplinary measures taken against them based on the findings of the Justice Biplab Kumar Sharma Commission. The commission was set up to investigate alleged irregularities in APSC recruitment examinations, one of the largest recruitment scams in Assam.
The petitioners argued that the inquiry process was flawed and violated principles of natural justice, claiming they were not given adequate opportunity to present their case before adverse findings were recorded against them.
In its observation, the High Court reiterated a settled legal position that inquiry commission reports do not have independent statutory enforceability. Any action based on such reports must be supported by proper procedures, including departmental inquiries and adherence to service rules.
The ruling is expected to have significant implications for ongoing proceedings related to the APSC scam, particularly cases where disciplinary action was initiated solely on the basis of the commission’s findings.
The matter remains under consideration, and further hearings are likely to determine the validity of actions taken against the accused officers in connection with the scam.
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