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SABYASACHI BHATTACHARYYA, RABINDRANATH SAMANTA
Alapan Bandyopadhyay – Appellant
Versus
Union of India – Respondent
JUDGMENT :
(Sabyasachi Bhattacharyya, J.) :
1. The brief facts of the case are:
2. The writ petitioner joined the Indian Administrative Service (IAS) in the year 1987 and thereafter worked continuously with the Government of West Bengal till his superannuation on May 31, 2021.
3. The West Bengal Government made a request to the Central Government seeking agreement for extension of service of the petitioner for a period of three months from June 1, 2021 to August 31, 2021. The Central Government acceded to such request vide letter dated May 24, 2021. On May 25, 2021, the Government of West Bengal (“State Government”, for short) issued a notification for extension of the petitioner’s service as Chief Secretary, in which post he had been serving immediately prior to his attainment of the age of superannuation, from June 1 to August 31, 2021.
4. On May 26, 2021, the super-cyclone “YAAS” hit parts of West Bengal and Odisha. Despite being in bereavement on the sad demise of the petitioner’s younger brother on May 16, 2021 and nephew, Ritwick Sanyal, on May 20, 2021, both due to Covid-19, the petitioner participated in the emergency visits to different cyclone-affected areas of West Bengal
The main legal point established in the judgment is that the transfer order violated the petitioner's fundamental right to equality before the law.
The administrative power of the Chairman under Section 25 of the 1985 Act to transfer cases is distinct from the decision-making powers on the judicial side, and the scope of judicial review of an ad....
The Chairman's administrative power to transfer cases under Section 25 of the Administrative Tribunal Act supersedes the applicant's right to choose the filing location under Rule 6(2) of the 1987 Ru....
The Chairman of the CAT must consider the jurisdictional rights of employees and the administrative nature of transfer powers under the Central Administrative Act.
Power of judicial review of an order transferring an Original Application pending before a Bench of Tribunal to another Bench under Section 25 of Administrative Tribunals Act, 1985 can be judicially ....
The judgment emphasized the need for clarifying the territorial jurisdiction of High Courts under Article 226(2) in relation to challenges against orders passed by the Chairman, CAT, Principal Bench,....
Transfer orders made in the interest of administrative exigency are generally not subject to judicial interference unless proven to be mala fide or in violation of statutory provisions.
Premature transfer of IAS officer before two-year tenure upheld based on prima facie material from departmental reports, without Civil Services Board or prior hearing, in administrative exigencies.
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