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Don’t precipitate inquiry against Bengal’s Alapan Bandopadhyay, SC orders Centre
Alapan Bandopadhyay earlier argued that he left the Cyclone Yaas review meeting convened by PM Narendra Modi on the directive of chief minister Mamata Banerjee and went to another meeting in Digha, a resort town in Purba Medinipur district that was ravaged by the powerful storm.
NEW DELHI: The Supreme Court on Monday asked the Centre not to precipitate action in the disciplinary proceedings initiated against former West Bengal chief secretary Alapan Bandopadhyay as it reserved orders on an appeal by the Centre challenging the Calcutta High Court order that that stayed transfer of the disciplinary case pending against the bureaucrat from Kolkata to Delhi.
An assurance in this regard was extended by solicitor general Tushar Mehta after senior advocate Abhishek Manu Singhvi appearing for Bandopadhyay told the court that the Centre is precipitating the matter with the next hearing of the disciplinary enquiry kept on Tuesday.
“We are reserving the matter for orders. Till we decide, do not precipitate the enquiry,” the bench of justices AM Khanwilkar and CT Ravikumar said. Mehta said, “Till the court decides, we will not.”
Bandopadhyay, a 1987 batch IAS officer from West Bengal cadre retired as West Bengal chief secretary on May 31 this year after the Centre ordered him to report to the central government on deputation. The sudden transfer order came after Prime Minister Narendra Modi visited Kolkata on May 28 to review the destruction caused by cyclone ‘Yaas’.
Bandopadhyay, who was accompanying chief minister Mamata Banerjee, did not attend the meeting chaired by the prime minister during his Bengal visit. The IAS officer, who has since then been appointed special adviser to Banerjee, was with Mamata Banerjee when she handed over a report to PM Modi on the cyclone situation, and left during the meeting to assist her visit to the remaining cyclone-ravaged areas.
On his last day in office, the IAS officer was served a show-cause notice under section 51 of the National Disaster Management Act 2005 (NDMA). On June 16, a major penalty charge sheet was issued to him by the Centre under the All India Service (Discipline and Appeal) Rules 1969 for missing PM Modi’s meeting.
Bandopadhyay approached the central administrative tribunal (CAT) at Kolkata as retired government servants can file petition at the place where they are residing after retirement. However, the CAT principal bench issued an order transferring the case to itself at Delhi. This order was passed on October 22 against which he approached the Calcutta high court and obtained a stay.
Challenging the high court relief granted on October 29, solicitor general Tushar Mehta told the top court that the high court was without jurisdiction to pass orders as the order under challenge was passed by CAT principal bench at Delhi against which a challenge will only lie in the Delhi high court. Mehta also objected to the disparaging remarks made by the high court in its order where it said that the modus operandi of the Centre “reeks of malafide”.
Mehta said, “These are observations coloured with political overtones. High court has to be circumspect and sober in its comments and these are not acceptable.”
The high court judgment also attacked the CAT principal bench terming its order to transfer the case as an overzealous act thereby “paying obeisance to the diktat of the Union of India.”
Singhvi said the officer in question never intended to disparage or hurt anyone and argued that the petition by Centre was not maintainable since it will imply that all retired employees will be forced to approach Delhi to suit the Centre’s convenience.
