BREAKING: Alapan Bandyopadhyay moves Delhi High Court challenging CAT principal Bench order

By – Nancy Kumari

Former West Bengal Chief Secretary Alapan Bandyopadhyay has approached the Delhi High Court challenging the order passed by Central Administrative Tribunal, Star Bench which had transferred his solicitation filed before the Kolkata Bench to the Star Bench at New Delhi. The solicitation filed through Advocate Kunal Mimani states that the impugned order was passed in complete violation of the principles of natural justice, equity, and fair play as Bandyopadhyay wasn’t indeed granted a right to file its written expostulations to the Transfer Solicitation.”The Petitioner is the former Chief Secretary to the Government of West Bengal and retired on 31st May 2021. The Petitioner naturally and permanently resides in Kolkata. Thus, the Petitioner had an unqualified right under Rule 6 (2) of the Central Administrative Tribunal (Procedure) Rules, 1987 to file the Original Operation before the Kolkata Bench, “the plea countries. The data of the case revolved around correctional 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 the structure caused by the cyclone’YAAS’. He thus challenged the correctional proceedings before the Calcutta bench of Central Administrative Tribunal but on a request made by the central government, the Star Bench of Central Administrative Tribunal in New Delhi transferred the original operation filed by the also Chief Secretary from Calcutta CAT branch to New Delhi by exercising powers bestowed on the Chairman of the bench throughout. 25 of the Executive Bars Act, 1985. Bandhopadhyay had filed a writ solicitation before the Calcutta High Court challenging the transfer order passed by the CAT Star Bench. The Calcutta High Court set aside the Star Bench’s order, against which the Union approached the Supreme Court. The High Court had allowed the writ solicitation by holding that a part of the cause of action had arisen within its governance and hence it had governance under Composition 226 (2) of the Constitution. The Supreme Court bench of Judges AM Khanwilkar and CT Ravikumar had also set aside the judgment of the Calcutta High Court by holding that the High Court demanded territorial governance to set aside the transfer order passed by CAT Star Bench at New Delhi. It declared that the High Court at Calcutta had commandeered its governance 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 away. Still, the Apex Court gave liberty to the replier to challenge the order of the Central Administrative Tribunal before the High Court that had the territorial governance on the same. Thus, the solicitation was filed in the Delhi High Court.