New Delhi: The Delhi High Court on Monday dismissed a petition filed by former West Bengal Chief Secretary Alapan Bandyopadhyay challenging the order passed by the Principal Bench of the Central Administrative Tribunal (CAT), which had dismissed a case filed by him of transferring the case from the Kolkata bench of the CAT to New Delhi. The order was pronounced by a division bench of Chief Justice DN Patel and Justice Jyoti Singh, which reserved the matter for order on February 25.
Bandyopadhyay argued that the impugned order was passed in complete violation of the principles of natural justice, equity and fair play inasmuch as the petitioner was not even granted a right to file its written objections to the transfer petition." The transfer petition was allowed on the very first day of its listing", stated Bandhopadhyay's plea.
The court stated, "for the aforesaid reasons, this Court does not find any reason to interfere with the above order. The petition is dismissed. It is clarified that the Court has determined the competence of the Central Government to initiate such proceedings." Including no comment on disciplinary proceedings."
Following the political controversy arising out, Bandyopadhyay is facing an inquiry for skipping a review meeting chaired by Prime Minister Narendra Modi on Cyclone Yas on May 28 last year in 2021, the West Bengal government and the central government are locked in a tug of war over Bandyopadhyay's transfer out of the state. It was alleged that Bandyopadhyay arrived late to the meeting chaired by the PM, following which the Department of Personnel and Training (DoPT) initiated proceedings against him.
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The plea stated that the petitioner is the former Chief Secretary to the Government of West Bengal who retired on May 31, 2021. The petitioner ordinarily and permanently resides in Kolkata. Therefore, the petitioner had unqualified rights under Rule 6(2) of the Central Administrative Tribunal (Procedure) Rules, 1987 to file the Original Application before the Kolkata Bench. "Further, the entire cause of action in respect of the Original Application, as well as the underlying disciplinary proceedings against the Petitioner, occurred within the jurisdiction of the Kolkata Bench," the plea said.
"There were absolutely no material circumstances that warranted the transfer of the original application to New Delhi. The respondents - Union of India has sought transfer on the ground that the department is based in New Delhi. However, the impugned order fails to appreciate that situs of the office of the Union of India or the convenience of the Union of India can never be a valid ground to transfer an original application," the plea added. It further argued that the convenience of the retired officer ought to have been given precedence.
After the inquiry order, Bandyopadhyay moved CAT's Kolkata Bench challenging it. Thereafter, the Centre moved the Principal Bench for the transfer of the case here in the national capital and on October 22 order was passed allowing the transfer petition. Bandyopadhyay then moved the High Court against CAT, New Delhi order. The High court on October 29, took strong objection to the manner in which the CAT Principal Bench favoured the Central government in transferring Bandyopadhyay's case to itself and quashed CAT's order.
Thereafter, the Centre approached the apex court against the High Court order. The apex court said that the Calcutta High Court did not have the jurisdiction to decide the plea of Bandyopadhyay. It also granted liberty to Bandyopadhyay to approach the jurisdictional High Court (Delhi) to challenge the order of the CAT Principal Bench.
with Agency inputs
