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Delhi HC dismisses plea of former West Bengal chief secretary Alapan Bandopadhya
A bench of chief justice DN Patel and justice Jyoti Singh said that while the petitioner has the option to approach the bench from wherever he was ordinarily residing at the time of filing the application, however, the chairman of the tribunal has the administrative powers to transfer the matter to another bench, albeit for sound reasons.
New Delhi: The Delhi High court on Monday dismissed a plea of former West Bengal chief secretary Alapan Bandopadhyay challenging the transfer of his application in the disciplinary 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 that while the petitioner has the option to approach the bench from wherever he was ordinarily residing at the time of filing the application, however, the chairman of the tribunal has the administrative powers to transfer the matter to another bench, albeit for sound reasons.
It said that there is “no infirmity in the exercise of the administrative power, either on the procedural aspects or on the merits”.
The court also said that being purely an administrative power of the chairman, it is not for this court to substitute its decision or wisdom for that of the chairman as no illegality, arbitrariness or infirmity has been found in the decision making process.
“We also find merit in the contention of the respondents that the scope of judicial review of an administrative decision is extremely limited and can only be exercised to scrutinize the decision making process,” the judgment read.
Bandopadhyay had moved the Kolkata bench of CAT to challenge the proceedings initiated against him in a matter related to not attending a meeting chaired by Prime Minister Narendra Modi to discuss the effects of cyclone ‘Yaas’ at the Kalaikunda Air Force Station on May 28 last year.
The proceedings were initiated by the Ministry of Personnel and Public Grievance and Pensions.
Bandyopadhyay, who was not released by the state government, 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 union government 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 Supreme Court had set aside a Calcutta High Court order which quashed the CAT transfer order and granted Bandyopadhyay the liberty to assail the same before the jurisdictional high court. The apex court had delivered its verdict on a plea filed by the Centre challenging the October 29, 2021 order of the Calcutta high court.
In the present petition, Bandyopadhyay has claimed that the Centre sought transfer on the ground that the department is based in New Delhi but the “situs” of the office of the Union of India or its convenience can never be a valid ground to transfer an original application and the convenience of a retired officer ought to have been given precedence.
The Centre had opposed the plea saying that till the time proceedings are virtual, it does not matter if it happens in Kolkata or Delhi and the court can record his request or joint request that the hearing shall be held virtual before the CAT.
