NEW DELHI: The Delhi high court on Monday dismissed the plea of former West Bengal chief secretary, Alapan Bandyopadhyay, against the transfer of his application concerning proceedings against him, from Kolkata to New Delhi, by the Central Administrative Tribunal (CAT).
A bench of Chief Justice DN Patel and Justice Jyoti Singh said there is no reason to interfere with the transfer, and clarified that it is not expressing any opinion on the merits of the proceedings against him. Bandyopadhyay moved the Kolkata bench of the CAT to challenge the proceedings initiated against him in a matter related to his failure to attend a meeting chaired by PM Modi to discuss the effects of cyclone “Yaas” at the Kalaikunda Air Force Station on May 28 last year. The proceedings against the petitioner were initiated by the Union ministry of personnel, public grievances and pensions.
The former bureaucrat’s lawyer argued that the transfer order was passed in complete violation of the principles of natural justice, equity, and fair play as he was not even granted a right to file his written objections while the Centre’s plea was allowed on the very first day of its listing.
He claimed that convenience of the officer has to be considered while issuing the order and the petitioner ordinarily and permanently resides in Kolkata and, that, the entire cause of action occurred within the jurisdiction of the Kolkata bench of the CAT.
However, Tushar Mehta, solicitor general, representing the Centre, contested the plea and argued that till the time proceedings are being held in virtual mode, it does not matter if it happens in Kolkata or Delhi and the court can record his request or joint request that the hearing may be held online before the CAT.
Bandyopadhyay, who was not released by the state, chose to retire on May 31, 2021, his original date of superannuation, before having been given an extension of three months from that date. The Centre had filed a transfer petition before the principal bench of CAT, which on October 22 last year allowed the transfer of Bandyopadhyay’s application to itself in New Delhi.
On January 6, the SC had set aside a Calcutta HC order that quashed the CAT transfer order and granted Bandyopadhyay the liberty to assail the same before the jurisdictional high court. The SC had delivered its verdict on a plea filed by the Centre challenging the order of the Calcutta HC last year.
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NEW DELHI: The Delhi high court on Monday dismissed the plea of former West Bengal chief secretary, Alapan Bandyopadhyay, against the transfer of his application concerning proceedings against him, from Kolkata to New Delhi, by the Central Administrative Tribunal (CAT). A bench of Chief Justice DN Patel and Justice Jyoti Singh said there is no reason to interfere with the transfer, and clarified that it is not expressing any opinion on the merits of the proceedings against him. Bandyopadhyay moved the Kolkata bench of the CAT to challenge the proceedings initiated against him in a matter related to his failure to attend a meeting chaired by PM Modi to discuss the effects of cyclone “Yaas” at the Kalaikunda Air Force Station on May 28 last year. The proceedings against the petitioner were initiated by the Union ministry of personnel, public grievances and pensions. The former bureaucrat’s lawyer argued that the transfer order was passed in complete violation of the principles of natural justice, equity, and fair play as he was not even granted a right to file his written objections while the Centre’s plea was allowed on the very first day of its listing. He claimed that convenience of the officer has to be considered while issuing the order and the petitioner ordinarily and permanently resides in Kolkata and, that, the entire cause of action occurred within the jurisdiction of the Kolkata bench of the CAT. However, Tushar Mehta, solicitor general, representing the Centre, contested the plea and argued that till the time proceedings are being held in virtual mode, it does not matter if it happens in Kolkata or Delhi and the court can record his request or joint request that the hearing may be held online before the CAT. Bandyopadhyay, who was not released by the state, chose to retire on May 31, 2021, his original date of superannuation, before having been given an extension of three months from that date. The Centre had filed a transfer petition before the principal bench of CAT, which on October 22 last year allowed the transfer of Bandyopadhyay’s application to itself in New Delhi. On January 6, the SC had set aside a Calcutta HC order that quashed the CAT transfer order and granted Bandyopadhyay the liberty to assail the same before the jurisdictional high court. The SC had delivered its verdict on a plea filed by the Centre challenging the order of the Calcutta HC last year. FacebookTwitterLinkedinEMail