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SC dismiss Calcutta high court’s order against transfer of ex-WB chief secy case to Delhi

By Saima Siddiqui 
Updated Date

New Delhi: The Supreme Court on Thursday quashed a Calcutta high court order that had stopped the transfer of a case pertaining to disciplinary proceedings against former West Bengal chief secretary Alapan Bandyopadhyay from the Kolkata to New Delhi.

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But a bench of Justices A M Khanwilkar and C T Ravikumar granted Bandopadhyay the liberty to assail the tribunal’s order before the jurisdictional high court.

The apex court delivered its verdict on a plea filed by the Centre challenging the October 29, 2021, order of the high court.

On November 29, the Centre had taken “serious exception” to certain observations made by the high court in its order passed on a plea filed by Bandopadhyay who had challenged the proceedings initiated against him.

Bandyopadhyay had been issued a show-cause notice for allegedly abstaining from a meeting held by Prime Minister Narendra Modi in Kalaikunda last May. The Centre had then initiated major penalty proceedings against Bandyopadhyay for alleged misconduct and misbehaviour. On May 31, 2021, the last day of Bandyopadhyay’s tenure as CS, he was directed to go to Delhi and report at North Block by 10 am. He, however, took retirement on the same day without going to Delhi.

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Bandyopadhyay, who was made an adviser to West Bengal chief minister Mamata Banerjee following his retirement, was then asked to reply to a “memorandum”, sent to him by the Department of Personnel and Training mentioning the charges, within 30 days.

Last November, the Supreme Court had reserved its judgment on the Centre’s appeal against the order of the Calcutta high court, which had stopped the transfer of the case from the Calcutta bench of the central administrative tribunal to its principal bench in Delhi.

Solicitor general Tushar Mehta, appearing for the Centre, had contended that the Calcutta HC had no jurisdiction to entertain the petition against the order passed by chairman of the tribunal in Delhi for transferring the case to the national capital.

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