Calcutta HC slams Centre for shifting chief secretary case – Hindustan Times

A two-judge bench of the Calcutta high court on Friday made strong remarks against the Centre while setting aside the Central Administrative Tribunal’s (CAT) decision to transfer the hearing of a petition by West Bengal’s former chief secretary Alapan Bandopadhyay from the tribunal’s Kolkata bench to Delhi.

Bandopadhyay, who was appointed chief adviser to CM Mamata Banerjee after his retirement on May 31, moved CAT after the Centre’s Department of Personnel and Training (DoPT) drew up proceedings against him for not attending a meeting called by PM Narendra Modi at Kalaikunda in Bengal on May 28 to review the damage done by Cyclone Yaas. Hours after this meeting, Bandopadhyay was asked by DoPT to report for duty in Delhi but the CM refused to release him.

The bench of justices Sabyasachi Bhattacharyya and Rabindranath Samanta on Friday set aside the CAT order and said the modus operandi of the Centre to get the case transferred to the principal bench of CAT in Delhi appeared mala fide.

“The entire modus operandi adopted by the Union of India reeks of mala fides. It is unfortunate that the Principal Bench of the CAT nurtured such efforts by passing the impugned transfer order… Rather, the responsibility of meting out justice and serving the cause of justice is on a much higher pedestal for the Union of India than an ordinary individual litigant,” the bench said in its order. HT has seen a copy of the order.

Bandopadhyay moved CAT after he was asked to appear before DoPT for framing of charges. He moved the high court after CAT, in its order passed on October 21, moved the hearing of his petition from Kolkata to Delhi.

“The alleged recalcitrance of the writ petitioner on May 28, 2021 took place within the territorial jurisdiction of the Kolkata Bench, the articles of charge against the petitioner were levelled in the teeth of the communication of the Chief Minister herself from Kolkata, which could also be a potentially important piece of evidence,” said Friday’s order after the Centre’s counsel challenged the high court’s jurisdiction in the case

Bandopadhyay was not available for comments on Friday.