Delhi HC Dismisses Alapan Bandyopadhyay’s Review Plea Against CAT Case Transfer To New Delhi

The Delhi High Court on Thursday dismissed a review petition filed by former West Bengal Chief Secretary Alapan Bandyopadhyay, declining to revisit its earlier judgment which had upheld the decision of the Central Administrative Tribunal to transfer his service dispute from the Kolkata Bench to the Principal Bench in New Delhi.

A Division Bench of Justice C. Hari Shankar and Justice Jyoti Singh held that there was no merit in the plea seeking review and observed that the petition was devoid of merit. The Court thereby refused to interfere with the judgment delivered on March 7, 2022, which had affirmed the legality of the transfer of proceedings to the national capital.

In the review plea, Bandyopadhyay had contended that he was not afforded an adequate opportunity to advance his submissions before the matter was reserved for judgment in the earlier round of litigation and that this constituted a procedural ground warranting reconsideration.

The Bench, however, found no reason to reopen the concluded judgment.

The March 7, 2022 decision had upheld the order passed by the Tribunal allowing the Union government’s transfer petition.

The High Court had then held that the transfer was in accordance with law, noting that the disciplinary and inquiry proceedings against Bandyopadhyay were being conducted in New Delhi and that a substantial part of the cause of action had arisen there.

The dispute traces back to May 2021, when Prime Minister Narendra Modi convened a review meeting at the Kalaikunda Air Force Station to assess the impact of Cyclone Yaas in West Bengal.

Bandyopadhyay did not attend the meeting. Soon thereafter, the Ministry of Personnel, Public Grievances and Pensions initiated disciplinary proceedings against him.

He challenged those proceedings before the Kolkata Bench of the Central Administrative Tribunal. The Union government then moved a transfer petition before the Principal Bench of the Tribunal in New Delhi.

On October 22, 2021, the Tribunal allowed the plea and directed that the matter be transferred.

Bandyopadhyay approached the Calcutta High Court, which on October 29, 2021 set aside the transfer order. The Union government challenged that decision before the Supreme Court.

On January 6, 2022, the Supreme Court set aside the Calcutta High Court’s judgment and granted liberty to Bandyopadhyay to pursue his remedies before the jurisdictional High Court.

Pursuant to the liberty so granted, the matter came before the Delhi High Court, which on March 7, 2022 upheld the Tribunal’s decision to transfer the case to New Delhi, holding that the location of the disciplinary proceedings was a relevant factor in determining the place where the cause of action had substantially arisen.

Bandyopadhyay had superannuated on May 31, 2021, his original date of retirement. Although a three-month extension had earlier been granted to him, he was not relieved by the State government to join central service.

With the dismissal of the present review petition, the High Court has reiterated that its earlier judgment does not suffer from any error apparent on the face of the record warranting exercise of review jurisdiction.

The Tribunal proceedings in the service matter are therefore to continue before its Principal Bench at New Delhi.

Case Title: Alapan Bandyopadhyay v. Union of India & Anr.

Bench: Justice C. Hari Shankar and Justice Jyoti Singh

Date of Hearing: February 19, 2026