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Delhi High Court rejects Alapan Bandyopadhyay’s plea to review CAT transfer order

Bandyopadhyay had sought a review of the March 7, 2022 judgment delivered by then Chief Justice D. N. Patel and Justice Singh

Our Web Desk & PTI Published 19.02.26, 04:41 PM
Delhi High Court

Delhi High Court delhihighcourt.nic.in

The Delhi High Court on Thursday refused to review its earlier order dismissing former West Bengal chief secretary Alapan Bandyopadhyay’s challenge to the transfer of his case from Kolkata to New Delhi by the Central Administrative Tribunal (CAT).

“The review petition is dismissed (for being) devoid of merit,” said Justices C Hari Shankar and Jyoti Singh.

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Bandyopadhyay had sought a review of the March 7, 2022 judgment delivered by then Chief Justice D. N. Patel and Justice Singh. He argued that he did not receive a fair opportunity to present his case before the matter was reserved for orders.

The March 7 ruling had upheld the transfer of his application from the Kolkata bench of the CAT to its principal bench in New Delhi. The court held that the transfer order was passed within the four corners of the law, as the cause of action arose in New Delhi.

The disciplinary and inquiry proceedings against him were being conducted there. The dispute traces back to May 28, 2021, when Prime Minister Narendra Modi chaired a meeting at the Kalaikunda Air Force Station to review the impact of Cyclone Yaas.

Bandyopadhyay did not attend the meeting. Soon after, the Ministry of Personnel and Public Grievances and Pensions initiated proceedings against him. Bandyopadhyay first approached the Kolkata bench of the CAT to challenge the proceedings.

The Union government then moved a transfer petition before the principal bench in New Delhi. On October 22, 2021, the CAT allowed the transfer of his application to the principal bench.

The matter reached the Calcutta High Court, which on October 29, 2021 quashed the CAT’s transfer order. The Centre challenged that decision before the Supreme Court.

On January 6, 2022, the apex court set aside the Calcutta High Court’s order and granted Bandyopadhyay the liberty to challenge the transfer before the jurisdictional high court. The verdict came on a plea filed by the Centre against the October 29 order.

Meanwhile, Bandyopadhyay retired on May 31, 2021, his original date of superannuation. He had earlier been granted a three-month extension, but the state government did not release him to join central service.

With Thursday’s dismissal of the review petition, the Delhi High Court has reaffirmed its earlier view that the CAT’s decision to transfer the case to New Delhi was legally valid.

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