[Alapan Bandyopadhyay] CAT principal Bench paid obeisance to Centre's diktat by allowing transfer of case to Delhi: Calcutta High Court

The Calcutta High Court on Friday took strong objection to the manner in which the principal Bench of Central Administrative Tribunal (CAT) favoured the Central government in its attempt to transfer a case filed by former West Bengal Chief Secretary Alapan Bandyopadhyay from Kolkata Bench to New Delhi. .In a strongly worded order, a Bench of Justices Sabyasachi Bhattacharyya and Rabindranath Samanta said that the modus operandi of Central government to get the case transferred to the principal bench of CAT at New Delhi reeked of mala fides.It was unfortunate that the principal bench nurtured such efforts by allowing Centre's transfer petition, the Court said.."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, thereby paying obeisance to the diktat of the Union of India, which has been repeatedly held by the Supreme Court and various High Courts not to be a favoured litigant," the judgment said. 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 Court added.It, therefore, set aside the transfer order and asked the Kolkata Bench of CAT to decide Bandyopadhyay's case expeditiously..The judgment was delivered on a plea by Bandyopadhyay challenging the order passed by CAT's principal bench on October 22, 2021 allowing Centre's transfer petition in relation to a case filed by Bandyopadhyay before the Kolkata Bench of CAT. Bandyopadhyay was serving as the Chief Secretary of West Bengal when the Centre in May 2021, decided to cut short his tenure with the West Bengal government and asked him to report to New Delhi.He had subsequently superannuated on May 31 whereupon an inquiry was initiated against him by the Central government. Bandyopadhyay had then moved CAT's Kolkata Bench after the Central government's decision to start the inquiry.This led to the transfer petition by the Centre before the principal bench. As per the judgment, when the transfer petition was taken up for hearing on October 22, Bandyopadhyay sought time to file a comprehensive written objection and took an objection as to maintainability, apart from other arguments on merits.However, the CAT passed an order on October 22, 2021 itself, allowing the transfer petition finally and directing the registry office to intimate the order to the Kolkata Bench of the CAT.In his plea before the High Court, Bandyopadhyay contended that the transfer order was in violation of Rule 6(2) of the Central Administrative Tribunal (Procedure) Rules, 1987.As per the same, a person who has resigned from service is given the blanket option to file the application with the Registrar of the Bench within whose jurisdiction such person is ordinarily residing at the time of filing of the application.Since Bandyopadhyay had retired on May 31, he is governed by the said rule, it was contended.The High Court accepted the argument.The order of the Principal Bench violates the legal right conferred on the writ petitioner under Rule 6 of the CAT Rules, 1987, read with Sections 35 and 36 of the 1985 Act, as well as the petitioner’s fundamental right of equality before the law, as enshrined in Article 14 of the Constitution, which is the grundnorm of the Indian legal fabric," the High Court said.It also leaves a bad taste in the mouth due to the mode of operation of a quasi-judicial (if not judicial) authority and also poses a threat to the federal structure as envisioned by the makers of the Constitution of India, the Court said..Senior Advocates Shyam Divan, Abhratosh Majumdar, Abhaya Behera and Advocate Kunal Vajani instructed by the team of Fox & Mandal led by Debanjan Mandal along with Sandip Dasgupta, Kunal Mimani, Mahima Cholera, Kartikey Bhatt and Gokula Krishnan appeared on behalf of Alapan Bandyopadhyay.Additional Solicitor General of India, Vikramjit Banerjee appeared on behalf of the Union of India..[Read Judgment]