The Delhi Excessive Courtroom on Monday dismissed a petition by former West Bengal Chief Secretary Alapan Bandyopadhyay difficult the switch of a case in opposition to him from CAT’s Kolkata Bench to New Delhi. The Central Administrative Tribunal has the powers to switch the case to a different bench, the courtroom stated.
Bandyopadhyay is going through an inquiry for skipping a gathering chaired by PM Narendra Modi in Could final 12 months over Cyclone Yaas. The assembly was held amidst a raging tussle between the West Bengal authorities and the Middle over Bandyopadhyay’s switch out of the state.
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On the day he retired (in Could, 2021) Bandyopadhyay was served a show-cause discover beneath a stringent provision of the Catastrophe Administration Act which entails imprisonment for as much as two years. He was later additionally issued a penalty chargesheet, and, in August, an Inquiry Authority was arrange. He challenged the orders earlier than the CAT’s Kolkata bench however the Middle managed to switch the case to the Principal Bench at New Delhi in October, 2021, solely to be put aside by the Calcutta Excessive Courtroom.
Bandyopadhyay had approached the Delhi HC after the Supreme Courtroom, on January 6, stated the Calcutta HC lacked the territorial jurisdiction to entertain a problem to an order handed by the CAT’s Principal Bench. He argued he has been residing all through in Kolkata and, thus, has the suitable to file an utility earlier than the CAT’s Kolkata Bench.
On Monday, nonetheless, the Delhi HC’s division bench headed by Chief Justice DN Patel rejected his argument saying though an individual can method the CAT bench at a spot of his residence, the tribunal chair has the executive powers to switch the matter “albeit for sound causes…”