The Supreme Court on Monday posted for November 26 an appeal of the Central government against the Calcutta High Court order which had set aside the order of the Principal Bench of the Central Administrative Tribunal (CAT) transferring a case filed by former West Bengal Chief Secretary Alapan Bandyopadhyay from Kolkata to Delhi.
A Bench of Justices AM Khanwilkar and CT Ravikumar posted the matter for Friday as the matter came up for hearing before it after 4 pm.
Solicitor General Tushar Mehta, appearing for the Centre, told the Bench that there was some urgency in the matter as an issue of territorial jurisdiction is involved. He said the Centre has sought a stay on High Court's order.
Solicitor General said Bandyopadhyay may not move the CAT in between because the issue of territorial jurisdiction is before the top court. Senior advocate Abhishek Manu Singhvi appearing for Bandyopadhyay orally assured the top court that nothing will be filed till Friday.
The Central government has moved Supreme Court challenging October 29 Calcutta High Court order quashing CAT Principal Bench decision to uphold the transfer of case against Badhopadhyay out of Bengal to New Delhi.
The Centre claimed that the High Court lacked jurisdiction to pass the order contending that cause of action has arisen entirely in New Delhi and therefore, jurisdiction would lie with the Principal Bench, New Delhi since the charge sheet was issued from here.
Further, any challenge to the CAT order would lie before the Delhi High Court, and not the Calcutta High Court, Centre has added.
In May 2021, Bandyopadhyay was serving as Chief Secretary when the Centre decided to cut short his tenure with the West Bengal government and asked him to report to New Delhi.
On May 31, Bandyopadhyay superannuated. Subsequently, an inquiry was initiated against him by the Centre for not attending a meeting chaired by the Prime Minister on May 28, 2021, for assessing the loss of life and property caused by the cyclonic storm YAAS.
After the inquiry order, Bandyopadhyay moved CAT's Kolkata Bench challenging it.
Thereafter, the Centre moved the Principal Bench for the transfer of the case here and on October 22, an order was passed allowing the transfer petition.
Bandyopadhyay then moved the High Court against CAT, New Delhi order.
The High court on October 29, took strong objection to the manner in which the CAT Principal Bench favoured the Central government in transferring Bandyopadhyay's case to itself and quashed CAT's order. Now, the Centre has approached the apex court against the High Court order.
( With inputs from ANI )
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