Lawstreet Journal

SC to hear Centre’s plea challenging Calcutta HC’s order of setting aside order passed by CAT Principal bench to transfer Alapan Bandyopadhyay's

Lawstreet Journal 29 Nov 2021 7:49pm

Image courtesy: Lawstreet Journal Judiciary SC to hear Centre’s plea challenging Calcutta HC’s order of setting aside order passed by CAT Principal bench to transfer Alapan Bandyopadhyay's

Supreme Court to hear Centre’s plea challenging Calcutta High Court’s order of setting aside order passed by CAT Principal bench to transfer Alapan Bandyopadhyay's petition to New Delhi & directing the Kolkata Bench of CAT to decide the case on an expedite basis.

SG Tushar Mehta for Centre

Senior Advocate(s) AM Singhvi and Shyam Divan for Alapan Bandyopadhyay.

SG: The limited question is this. We've filed our written submissions  & I will not take more time as required.

I in personal capacity know that your lordship will have to get up early.

Bench: How do you know that? 
SG (Lighter Vein): Your lordship are landing in my state.

Bench (lighter vein): We know you are resourceful but we didn't know that you track our movement too.

SG: No that is if your lordship has some particular requirements or not.

Singhvi (lighter vein): My friend is becoming very specific now

SG: 2 provisions which are to be examined:

Rule 6 under which application has been moved 
2. Art 226.

What is the cause of action for moving the application in Calcutta and the petitioner could not have moved an application in Calcutta.

SG: The issue is that he refused to participate in the meeting wherein the PM was there. The disciplianary proceedings are also in Delhi.

The chargesheet is also issued in Delhi. He is given an option to file it where the cause of action arise or where he resides.

SG: Subordinate legislation says that he can file where he resides but the same cannot supersede the central legislation as per Rule 25.

SG: There are 2… Continue Reading...


Tagged: Supreme Court of India   Alapan Bandyopadhyay  
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