Delhi High Court Issues Notice On Review Plea By Alapan Bandyopadhyay Regarding CAT Proceedings

The Delhi High Court on Friday issued notice on the petition filed by Former West Bengal Chief Secretary Alapan Bandyopadhyay seeking review of the order dismissing his plea challenging the order passed by Central Administrative Tribunal, Principal Bench which had transferred his petition filed before the Kolkata Bench to the Principal Bench at New Delhi.

A division bench comprising of Justice Rajiv Shakdher and Justice Jyoti Singh sought response of the Central Government while posting the matter for further hearing on May 20.

During the course of hearing, Senior Advocate Abhishek Manu Singhvi appearing for Bandopadhyay argued that he did not give a proper and fair opportunity to argue his case before the Bench, which had dismissed his challenged, reserved the orders.

He apprised the Court that the Bench had turned down their request for a passover as a result of which a junior counsel had then made submissions and oppose the submissions made by the Central Government.

On the other hand, Additional Solicitor General Vikramjit Banerjee opposed the review petition by arguing that the matter was argued at length before the earlier Bench thereby warranting no further judicial interference.

While rejecting Bandyopadhyay's plea, a division bench comprising of then Chief Justice DN Patel and Justice Jyoti Singh observed that it saw no reason to interfere with the impugned order. However, the Court had not expressed any opinion on the disciplinary proceedings including competence of the Central Government to issue charge sheet.

In his plea, Bandyopadhyay had stated that the impugned 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 its written objections to the Transfer Petition.

The facts of the case revolved around disciplinary proceedings initiated against Bandyopadhyay on his failure to attend a review meeting chaired by the Prime Minister of India for assessing the loss of life and damage to infrastructure caused by the cyclone 'YAAS'.

He therefore challenged the disciplinary proceedings before the Kolkata bench of Central Administrative Tribunal but on a request made by central government, the Principal Bench of Central Administrative Tribunal in New Delhi transferred the original application filed by the then Chief Secretary from Kolkata CAT branch to New Delhi by exercising powers bestowed on the Chairman of the tribunal through sec. 25 of the Administrative Tribunals Act, 1985.

Bandhopadhyay had filed a writ petition before the Calcutta High Court challenging the transfer order passed by the CAT Principal Bench. The Calcutta High Court set aside the Principal Bench's order, against which the Union approached the Supreme Court.

The High Court had allowed the writ petition by holding that a part of the cause of action had arisen within its jurisdiction and hence it had jurisdiction under Article 226(2) of the Constitution.

The Supreme Court bench of Justices AM Khanwilkar and CT Ravikumar had then set aside the judgment of the Calcutta High Court by holding that the High Court lacked territorial jurisdiction to set aside the transfer order passed by CAT Principal Bench at New Delhi

It declared that the High Court at Calcutta had usurped its jurisdiction in setting aside the order passed by the Central Administrative Tribunal, New Delhi and hence declared its order void ab initio and continued to set it aside.

However, the Apex Court gave liberty to the respondent to challenge the order of the Central Administrative Tribunal before the High Court that had the territorial jurisdiction on the same.

Case Title: Alapan Bandyopadhyay v. Union of India