The Delhi High Court 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 mentioned.
Bandyopadhyay is dealing with an inquiry for skipping a gathering chaired by PM Narendra Modi in May final yr over Cyclone Yaas. The assembly was held amidst a raging tussle between the West Bengal authorities and the Center over Bandyopadhyay’s switch out of the state.
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On the day he retired (in May, 2021) Bandyopadhyay was served a show-cause discover underneath a stringent provision of the Disaster Management 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 Center managed to switch the case to the Principal Bench at New Delhi in October, 2021, solely to be put aside by the Calcutta High Court.
Bandyopadhyay had approached the Delhi HC after the Supreme Court, on January 6, mentioned 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, nevertheless, the Delhi HC’s division bench headed by Chief Justice DN Patel rejected his argument saying though an individual can strategy the CAT bench at a spot of his residence, the tribunal chair has the executive powers to switch the matter “albeit for sound reasons…”
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With inputs from TheIndianEXPRESS
