Monday, December 11, 2023
HomeLaw CAT Chairperson can transfer case from one bench to another without...

[Alapan Bandyopadhyay] CAT Chairperson can transfer case from one bench to another without giving parties chance to file written reply: Delhi HC

The observations came from the bench as it dismissed a petition filed by former West Bengal Chief Secretary Alapan Bandyopadhyay challenging the order passed by the CAT Chairman transferring a case filed by him before Kolkata bench to its principal seat in Delhi.

Bandyopadhyay had challenged the charge-sheet issued to him by the Central government on allegations that he did not attend the review meeting chaired by Prime Minister Narendra Modi’s to take stock of the damage caused by cyclone Yaas in 2021.

However, the matter was transferred to Delhi before any hearing could take place. Bandyopadhyay challenged the order of the CAT Chairman before the Calcutta High Court, which set it aside.

Subsequent to an appeal by the Centre, the Supreme Court set aside the order of the Calcutta High Court, holding that any decision of the CAT at Delhi, including the one passed under Section 25 of the Administrative Tribunals Act, 1985, could be subjected to scrutiny “only before a Division Bench of a High Court within whose jurisdiction the tribunal concerned falls.”

In this case, the jurisdictional High Court being Delhi High Court, Bandyopadhyay filed the present petition before it.

Source: Barandbench

- Advertisment -

Most Popular

Recent Comments