ALAPAN BANDYOPADHYAY Vs. UNION OF INDIA

JUDGEMENT

(1.) This review petition is filed by the Petitioner seeking review and recall of judgment dtd. 7/3/2022.

(2.) To the extent necessary, the factual matrix is that Petitioner joined IAS in 1987 and was allocated the West Bengal Cadre. Petitioner superannuated on 31/5/2021, while working as Chief Secretary of the State of West Bengal. On 16/6/2021, a major penalty chargesheet was issued to the Petitioner by the Respondents under Rule 8 of the All India Services (Discipline and Appeal) Rules, 1969 read with Rule 6 of All India Services (Death-cum-Retirement Benefits) Rules, 1958. Enquiry Officer was appointed to conduct the departmental enquiry and preliminary hearing was scheduled for 18/10/2021.

(3.) On receiving the hearing notice, Petitioner filed an application under Sec. 19 of Administrative Tribunals Act, 1985 ('1985 Act') being O.A.No. 1619/2021, challenging the chargesheet and consequential orders of appointing the Enquiry Officer etc., before the Kolkata Bench of the Tribunal. Respondents filed a Transfer Petition before the Principal Bench of the Tribunal under Sec. 25 of 1985 Act, seeking transfer of the O.A. to the Principal Bench. By order dtd. 22/10/2021, Tribunal allowed the Transfer Petition and directed listing of O.A. No. 1619/2021 for admission on 27/10/2021.