Bengal former Chief Secretary row: SC sets aside Calcutta HC order on case transfer

The Supreme Court on Thursday set aside the Calcutta High Court order which stopped the transfer of disciplinary proceedings against former West Bengal Chief Secretary Alapan Bandyopadhyay from West Bengal to New Delhi.

Bandyopadhyay came into the limelight when he did not attend a meeting chaired by Prime Minister Narendra Modi in Kolkata in the wake of Cyclone Yaas.

A bench comprising Justices A.M. Khanwilkar and C.T. Ravikumar had reserved the judgment in the matter on November 29. Detailed judgment in the matter will be available later in the day.

The top court allowed Centre's appeal against the high court order, which set aside transfer of case from Central Administrative Tribunal (CAT) bench of Kolkata to Delhi. However, the top court granted liberty to Bandyopadhyay to approach the high court against the order of the CAT principal bench.

During the hearing, Solicitor General Tushar Mehta, representing the Centre, had assured the top court that no "precipitative action" would be taken against Bandyopadhyay before the court pronounced its judgment.

Bandyopadhyay was issued a show cause notice under the Disaster Management Act. However, he resigned from service but was subject to disciplinary proceedings initiated by the Centre. He moved the CAT in Kolkata against these proceedings.

The CAT principal bench passed an order on Centre's application to transfer Bandyopadhyay's application from Kolkata to New Delhi. The high court set aside the transfer of the case and noted that the CAT Principal Bench was "overzealous" to cater to the fiat of the government. The Centre moved the top court challenging this high court order. It challenged the jurisdiction of the Calcutta High Court to entertain Bandyopadhyay's case when it was already transferred to Delhi.