APSC scam inquiry report faces legal test as suspended officers challenge its validity in Gauhati HC

The report of the Justice Biplab Kumar Sharma Judicial Inquiry Commission, which probed the Assam Public Service Commission (APSC) examination scam that rocked the state and drew nationwide attention, has come under intense legal scrutiny, with its validity now being questioned before the Gauhati High Court.

The issue has surfaced following petitions filed by nearly 23 gazetted officers who were suspended by the Assam government in 2023 on the basis of the Commission’s findings. The suspended officers have challenged not only the report itself but also the subsequent departmental actions, including show-cause notices and suspension orders issued against them.

A significant hearing in the matter took place on January 29, 2026, when counsels representing the suspended officers argued that the Judicial Inquiry Commission failed to comply with mandatory provisions under Sections 8(B) and 8(C) of the Commission of Inquiry Act, 1952. They contended that the Commission did not provide them adequate opportunity to defend themselves, cross-examine witnesses, or engage legal counsel in a meaningful manner, and therefore sought that the report and all actions arising from it be set aside.

According to the petitioners, although notices were issued and replies were submitted, the Commission neither formally accused them nor summoned them again, effectively denying them further opportunity to present their defence. On this basis, they claimed that the inquiry was procedurally flawed and violative of statutory safeguards.

During the hearing, Additional Advocate General of Assam, Nalin Kohli, defended the government’s position by submitting that the candidates were allowed to inspect relevant materials and by referring to parallel criminal proceedings, including the recovery of tabulation sheets from the residence of former APSC chairman Rakesh Pal. However, the government’s legal strategy has drawn criticism in legal circles, with observers describing the defence as comparatively weak.

Manas Pratim Barua, administrator of the forum ‘Fight Against Injustice of APSC’, said several crucial facts were not placed before the court by the government counsel. He pointed out that in their written replies to the Commission, several beneficiary candidates had admitted discrepancies in their answer scripts and tabulation sheets after verification, though they claimed ignorance about how such discrepancies occurred. He further stated that a reading of the notices, replies, and the final report shows that none of the candidates sought additional opportunity to present further defence.

Barua also questioned the allegation that candidates were denied the right to cross-examine witnesses, arguing that the evidence relied upon by the Commission was entirely documentary in nature, involving forged answer script pages and illegally enhanced marks, rather than oral testimony.

He further expressed concern over the prolonged suspension of officers since 2023, noting that departmental proceedings have remained inconclusive for years, allowing fresh legal claims to arise each month. He recalled repeated observations by Justice Debashish Barua of the Gauhati High Court that an inquiry report, in the absence of an action taken report, has no independent legal standing.

Barua alleged that policy decisions of the Himanta Biswa Sarma-led government have contributed to the present situation. He noted that the Judicial Inquiry Commission had recommended cancellation of the entire 2013 civil services recruitment due to systemic corruption, a recommendation the government declined to accept. He also criticised the decision to suspend officers instead of terminating their services, allowing them to draw 75 percent salary and engage senior legal counsel, while some officers facing independent charge-sheets were allegedly not even suspended.

Warning that the setting aside of the Commission’s report would amount to burying one of Assam’s biggest recruitment scams, Barua said public opinion is increasingly questioning the government’s intent and handling of the APSC scam, as the legal battle over the inquiry report continues in the High Court.