NEW DELHI: In a sharply critical order, the Calcutta High Court on Friday set aside the Central Administrative Tribunal’s decision to transfer the hearing of former West Bengal chief secretary Alapan Bandopadhyay’s plea challenging Centre’s proceedings against him, saying the “entire modus operandi” adopted by the Union of India “reeks of mala fides”.
A division bench of Justices Sabyasachi Bhattacharyya and Rabindranath Samanta directed the Kolkata bench of CAT to expedite the hearing of Bandopadhyay’s application and dispose of it at the earliest.
“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 HC bench 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.”
Bandopadhyay had challenged in the high court CAT’s order of transferring his case of alleged misconduct to Delhi. He alleged that he was being harassed on the charge that he had not attended a meeting of PM Narendra Modi at an air force base on May 28 to assess the damage caused by cyclone.
The court further observed that such an action even by a quasi-judicial authority “leaves a bad taste in the mouth” and also pose a threat to the federal structure as envisioned by the makers of the Constitution.
Replying to the Centre’s show cause notice asking why action should not be taken against him for not attending the meeting, Bandopadhyay had said he adhered to instructions of CM Mamata Banerjee under whom he worked.