Supreme Court to hear Centre's plea against HC order in ex-chief secretary's matter on November 26

The Supreme Court Monday said it would hear on November 26 a plea challenging the Calcutta High Court order which had set aside an order of the principal bench of the CAT to transfer an application by former West Bengal chief secretary Alapan Bandopadhyay, challenging the proceedings initiated against him by the Centre, from Kolkata to New Delhi.

The Centre's plea challenging the October 29 order of the high court came up for hearing before a bench of Justices A M Khanwilkar and C T Ravikumar.

Solicitor General Tushar Mehta, appearing for the Centre, told the bench that there was “some urgency” in the matter as issue of territorial jurisdiction is involved.

“What is the interim relief you are seeking,” the bench asked Mehta.

He said the Centre is seeking a stay of the high court order.

Since the matter came up for hearing before the top court after 4 pm, the bench posted it for November 26.

Mehta said Bandopadhyay may not move the CAT in between because the issue of territorial jurisdiction is before the apex court.

Bandopadhyay’s counsel orally assured the bench that nothing will be filed between now and Friday.

On November 15, the Centre had told the apex court that the high court has passed a “disturbing order” while setting aside the order of the principal bench of the Central Administrative Tribunal (CAT).

The solicitor general had told the bench that the high court order was “disturbing”, both on the question of territorial jurisdiction as well as some observations made in the order.

The top court was hearing a plea filed by the Centre against the high court order, which had also directed the Kolkata bench of CAT to expedite the hearing of Bandopadhyay's application and dispose of it at the earliest.

Bandopadhyay had moved the Kolkata bench of CAT, challenging the proceedings initiated against him by the Ministry of Personnel and Public Grievance and Pensions in a matter relating to attending a meeting on May 28 at the Kalaikunda Air Force station that was chaired by Prime Minister Narendra Modi to discuss the effects of cyclone Yaas.

Mehta had told the apex court on November 15 that Bandopadhyay had challenged the initiation of departmental action against him by the Centre before the Calcutta bench of CAT.

Referring to the high court order, the law officer had said some “very disturbing” remarks have been made against the principal bench of CAT.

“We can say that the disturbing remarks will be expunged,” the bench had observed.

Bandopadhyay, who was not released by the state government, chose to retire on May 31, his original date of superannuation prior to having been given an extension of three months from that date.

Proceedings were initiated against Bandopadhyay by the Union government and an inquiry authority was appointed in this regard, which fixed a preliminary hearing on October 18 in New Delhi.

He then moved the Kolkata bench of CAT, challenging the proceedings against him.

The Union government had filed a transfer petition before the principal bench of CAT, which on October 22 allowed the transfer of Bandopadhyay's application to itself in New Delhi.

This order was challenged by Bandopadhyay before the Calcutta High Court.

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