UNION OF INDIA Vs. ALAPAN BANDYOPADHYAY

JUDGEMENT

(1.) Leave granted.

(2.) A legal conundrum calls for resolution in this case. The seminal question that created it is: 'whether the bundle of facts that constitute the cause of action for filing an Original Application under Section 19 of the Administrative Tribunals Act, 1985 (for short 'the Act') and determinative of the place of its filing would remain as the decisive factor in case such an application is subsequently transferred from the Bench where it was filed to another Bench of the Tribunal falling under the territorial jurisdiction of another High Court, to ascertain the jurisdictional High Court to exercise the power of judicial review qua the order of transfer passed by the Chairman of the Central Administrative Tribunal at New Delhi in exercise of power under Section 25 of the Act'.

(3.) The Appellant assails the final judgment and order dated 29.10.2021 passed by the High Court at Calcutta in WPCT No.78/2021 whereby the High Court set aside the order dated 22.10.2021 passed by the Central Administrative Tribunal, Principal Bench (New Delhi) in P.T.No.215/2021 transferring O.A.No.1619/2021, filed by the respondent herein, from Kolkata Bench to its files at the Principal Bench (New Delhi). In fact, order in P.T.No.215/2021 was passed by the Chairman of the Tribunal in exercise of the power under Section 25 of the Act. The respondent herein, who was the then Chief Secretary of the State of West Bengal (since superannuated as an IAS officer), filed O.A.No.1619/2021 before the Kolkata Bench of the Central Administrative Tribunal challenging the disciplinary proceedings initiated against him vide charge memo dated 16.06.2021 alleging failure to attend a review meeting chaired by the Hon'ble the Prime Minister of India on 28.05.2021 for assessing the loss of life, damage to property and infrastructure caused by the cyclonic storm 'YAAS'. He was charged thereunder for failure to maintain absolute integrity and devotion to duty and for exhibiting conduct unbecoming of a public servant. Pending consideration of the stated O.A. the Appellant herein moved a Transfer Petition being P.T.No.215/2021 under Section 25 of the Act, before the Principal Bench of the Tribunal at New Delhi seeking its transfer from the Kolkata Bench to the Principal Bench. That petition was allowed by the Chairman of the Tribunal, sitting at the Principal Bench and the challenge of which ultimately led to the passing of the impugned final judgment and order dated 29.10.2021 by the High Court. Since we are confining the consideration only on the question as to which is the jurisdictional High Court having the power for judicial review as relates the order of transfer passed in P.T.No.215/2021 it is un-essential to refer to, in detail, the various contentions raised in the stated O.A. to challenge the disciplinary proceedings as also the contentions raised before the High Court in WPCT No.78/2021 to challenge the correctness of the stated order of transfer. In troth, consideration of correctness or otherwise of the decision of the High Court on merits would become inept if the High Court at Calcutta is found lacking jurisdiction to entertain the challenge against the order in P.T.No.215/2021 passed under Section 25 of the Act.