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 Rules.

JUDGMENT

D.N. Patel, C.J. Present petition has been filed by the Petitioner assailing the order dated 22.10.2021, passed by the Central Administrative Tribunal (hereinafter referred to as the `Tribunal'), Principal Bench in P.T. No. 215 of 2021. Petitioner also seeks a direction that Original Application (O.A.) being O.A. No. 1619/2021 filed by the Petitioner be heard and disposed of by the Tribunal, Kolkata Bench.

2. Factual narrative is in a narrow compass and to the extent relevant to the controversy involved in the present petition is that Petitioner joined IAS in 1987 and was allocated the West Bengal Cadre. Petitioner superannuated  on 31.05.2021 and at the time of his superannuation was working as the Chief Secretary of the State of West Bengal.

3. On 26.05.2021, a cyclone named as `YAAS' had hit parts of West Bengal and Odisha. On 31.05.2021, a Show Cause Notice was issued by the Ministry of Home Affairs to the Petitioner for abstaining himself from a crucial review meeting chaired by the Hon'ble Prime Minister on 28.05.2021, for assessing loss of life and property and damage to the infrastructure caused by the cyclonic storm. On 16.06.2021, a major penalty charge sheet was issued to the Petitioner by the Respondents herein, for not attending the aforesaid meeting on 28.05.2021, as well as for not apprising the Hon'ble Prime Minister about the hardships and sufferings faced by the people of West Bengal, amongst other allegations mentioned in the statement of Articles of Charges and imputation of the alleged misconduct or misbehaviour.

4. Charge sheet was issued under Rule 8 of the All India Services (Discipline and Appeal) Rules, 1969 read with Rule 6 of All India Services (DCRB) Rules. Petitioner replied to the charge sheet by filing his written statement. On 31.08.2021, orders were issued appointing the Inquiring Authority and the Presenting Officer. Vide notice dated 27.09.2021, the Inquiring Authority scheduled a Preliminary hearing for 18.10.2021.

5. On receipt of the hearing notice, Petitioner filed an application under Section 19 of the Administrative Tribunal Act, 1985 (hereinafter referred to as `1985 Act'), being O.A. No. 1619/2021, challenging the charge sheet dated 16.02.2021 and the consequential orders thereto appointing the Inquiring Authority, etc. The Original Application (O.A.) was fixed on 22.10.2021, before the Tribunal, Kolkata Bench. However, in the meantime, Respondents herein filed a Transfer Petition before the Tribunal, Principal Bench, under Section 25 of the 1985 Act, seeking transfer of the O.A. filed by the Petitioner, from Kolkata Bench to the Principal Bench at New Delhi.

6. Vide order dated 22.10.2021, the Tribunal, Principal Bench allowed the Transfer Petition and directed listing of the O.A. 1619/2021 for admission, on 27.10.2021. Order was challenged by the Petitioner by filing a writ petition being W.P.C.T. No. 78/2021, before the Calcutta High Court under Article 226 of the Constitution of India.

7. On 27.10.2021, Notice was issued by the Tribunal, Principal Bench in O.A. No. 1619/2021. Notice was accepted on behalf of the Respondents and time was granted to file reply. The matter was adjourned to 12.11.2021. The Calcutta High Court vide judgment dated 29.10.2021, allowed the writ petition filed by the Petitioner and set aside the order of the Tribunal, Principal Bench, passed in the Transfer Petition.

8. Respondents herein, challenged the judgment dated 29.10.2021, before the Hon'ble Supreme Court in SLP(C) No. 18338/2021, primarily on the gro