NEW DELHI: The Delhi High Court on Friday sought the Centre's stand on a plea by former West Bengal chief secretary Alapan Bandyopadhyay seeking a review of the order dismissing his challenge to the transfer of his application concerning proceedings against him from Kolkata to New Delhi by the Central Administrative Tribunal (CAT).
A bench of Justices Rajiv Shakdher and Jyoti Singh issued notice on the review petition and asked the central government to file its response to Bandyopadhyay's stand that he did not receive a fair opportunity to present his case before it was reserved for orders.
The matter would be heard next on May 20.
Senior advocate Abhishek Manu Singhvi, appearing for the former chief secretary of West Bengal, argued that he did not get a full crack of the whip as their request to the court to grant a 'passover' i.e. to take up the case after some time on the same day due to unavailability of the senior counsel was denied and consequently, a junior lawyer had to make submissions and oppose the senior law officers who appeared for the Centre.
Additional Solicitor General Vikramjit Banerjee said that he was opposing the review petition and informed the court that the matter was argued at length by the lawyer appearing on behalf of the petitioner.
Justice Shakdher observed it was a practice of the court to grant the first request for a passover and told the senior lawyer that he expects him to give fair counsel in the matter.
On March 7, a bench of then Chief Justice DN Patel and Justice Singh dismissed Bandyopadhyay's challenge to the transfer of his application concerning proceedings against him from Kolkata to New Delhi and said that the transfer order was passed within the four corners of the law.
The high court had said that the cause of action arose in New Delhi as the disciplinary proceedings, as well as the inquiry proceedings, were initiated and going on here.
Bandyopadhyay had first moved the Kolkata bench of the CAT to challenge the proceedings initiated against him in a matter related to not attending a meeting chaired by Prime Minister Narendra Modi to discuss the effects of cyclone 'Yaas' at the Kalaikunda Air Force Station on May 28 last year.
The proceedings against the petitioner were initiated by the Ministry of Personnel and Public Grievance and Pensions.
Bandyopadhyay, who was not released by the state government, chose to retire on May 31, 2021, his original date of superannuation before having been given an extension of three months from that date.
The Union government had filed a transfer petition before the principal bench of CAT, which on October 22 last year allowed the transfer of Bandyopadhyay's application to itself in New Delhi.
On January 6, the Supreme Court had set aside a Calcutta High Court order which quashed the CAT transfer order and granted Bandyopadhyay the liberty to assail the same before the jurisdictional high court.
The apex court had delivered its verdict on a plea filed by the Centre challenging the October 29, 2021 order of the Calcutta High Court.