New Delhi, Feb 19 The Delhi High Court on Thursday refused to review its order which dismissed former West Bengal chief secretary Alapan Bandyopadhyay's challenge to the transfer of his application concerning proceedings against him from Kolkata to New Delhi by the Central Administrative Tribunal (CAT).
"The review petition is dismissed (for being) devoid of merit," said Justices C Hari Shankar and Jyoti Singh.
Alapan Bandyopadhyay had sought a review of the March 7, 2022, judgement of the then Chief Justice D N Patel and Justice Singh on the ground that he did not receive a fair opportunity to present his case before it was reserved for orders.
The judgement had held that the transfer order was passed within the four corners of the law as the cause of action arose in New Delhi on account of the disciplinary proceedings as well as the inquiry proceedings taking place 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, 2021.
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, 2021 allowed the transfer of Bandyopadhyay's application to itself in New Delhi.
On January 6, 2022 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.
