APSC scam inquiry report faces challenge from officers in the Gauhati High Court

The judicial report into the Assam Public Service Commission (APSC) examination scandal, one of the state’s most high-profile recruitment controversies, is now facing rigorous legal scrutiny in the Gauhati High Court. The inquiry, conducted by the Justice Biplab Kumar Sharma-led Judicial Commission, has been challenged by nearly two dozen gazetted officers suspended by the Assam government in 2023, who argue that the report and subsequent administrative actions against them are legally unsound.

The suspended officers have filed petitions seeking the quashing of the inquiry report, as well as the show-cause notices and suspension orders issued based on its findings. The matter came up for a crucial hearing on January 29, 2026, during which legal representatives of the officers contended that the Judicial Commission did not comply with essential procedural safeguards outlined in Sections 8(B) and 8(C) of the Commission of Inquiry Act, 1952.

The petitioners argued that they were not given adequate opportunity to defend themselves, including the right to cross-examine witnesses or engage legal counsel effectively. While notices were issued and replies submitted, the officers claimed the Commission did not formally accuse them nor call for further submissions, effectively denying them a fair chance to present their defence. According to the petitions, these procedural lapses render the inquiry fundamentally flawed and in violation of statutory protections.

Defending the government’s stance, Additional Advocate General Nalin Kohli argued that the candidates had been allowed to inspect relevant documents and cited ongoing criminal proceedings, including the seizure of tabulation sheets from the residence of former APSC chairman Rakesh Pal. However, legal analysts have described the government’s arguments as relatively weak, noting that several key facts were not adequately highlighted in court submissions.

Manas Pratim Barua, administrator of the advocacy group ‘Fight Against Injustice of APSC’, pointed out that multiple candidates had admitted, in their written replies to the Commission, that discrepancies existed in their answer scripts and tabulation sheets, though they claimed no knowledge of how these arose. He added that the evidence considered by the Commission was entirely documentary, consisting of manipulated answer sheets and inflated marks rather than based on oral testimony, calling into question claims that officers were denied the right to cross-examine witnesses.

Barua also expressed concern over the prolonged suspension of officers since 2023,  departmental proceedings unresolved years later, giving rise to repeated legal challenges. He cited past observations by Justice Debashish Barua of the Gauhati High Court, who noted that an inquiry report alone, without an accompanying report, holds no independent legal authority.

Criticising the Himanta Biswa Sarma-led government’s handling of the case, Barua said policy decisions have exacerbated the situation. While the Judicial Commission recommended the entire 2013 civil services recruitment due to systemic irregularities, the government chose not to implement this. Instead, officers were suspended, allowing them to retain 75 per cent of their salaries and engage senior counsel, while some individuals facing separate charges were allegedly not suspended at all.

Barua warned that setting aside the Commission’s report could effectively bury one of Assam’s largest recruitment scandals, noting growing public concern over the government’s approach. As the legal battle unfolds in the High Court, the outcome could have far-reaching implications for accountability and transparency in Assam’s civil service recruitment process.

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