oppn parties Calcutta HC Blasts Central Government And CAT For Not Following Due Process

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  • Neha Bora was subsequently released and Dipke is to appear before a magistrate today at noon
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  • The Reserve Bank of India is considering further monetary tightening to counter capital outflows and increase the cost of betting against the rupee, according to bankers and analysts cited by Reuters. The measures follow recent rate increases and steps to drain liquidity as pressure on the currency and inflation concerns persist
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  • Finance Minister Nirmala Sitharaman said India's trade imbalance with China was growing sharply and attributed the problem partly to restrictions on Indian goods and services entering the Chinese market. China subsequently said it was ready to work with India to address mutual economic and trade concerns; India's trade deficit with China reached $69 billion in the first half of FY2026–27, up 27% year-on-year
  • Indian equity benchmarks extended their recovery on Friday, with the Sensex rising 413.66 points to close at 74,729.27 and the Nifty 50 gaining 148.80 points to settle at 23,146.15. Information technology shares, including Tech Mahindra, Infosys and TCS, helped lift the indices
  • India defeated Zimbabwe by four wickets in the opening women's T20 International in Raipur, taking a 1–0 lead in the three-match series. Deepti Sharma and Niki Prasad combined in an 82-run stand after India's top order collapsed, helping the hosts chase down Zimbabwe's total of 114 for five
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  • The Supreme Court issued notices to the Election Commission of India, Delhi Police and opposition leaders, including Rahul Gandhi and Akhilesh Yadav, in separate petitions concerning electoral-roll revision and protests held in Delhi on October 10–12. The court also directed the preservation of CCTV footage linked to allegations of police excesses
  • The Supreme Court ruled that a person converting from Hinduism to Islam cannot automatically claim backward-class reservation benefits in the new religious community solely on the basis of their previous caste status. The judgment upheld the Madras High Court's decision striking down a 2024 Tamil Nadu government order that permitted such certification for specified communities
  • The Election Commission of India ordered a Special Summary Revision of electoral rolls in 14 states and three Union Territories, using January 1, 2027, as the qualifying date for voter eligibility. The draft rolls are scheduled for publication on November 12, claims and objections will be accepted until December 11, and the final rolls are due on January 4, 2027
Delhi HC refuses to ban CJP's Tiranga rally at Central Park in Connaught Place today /////// Police says will control and regulate it /////// NDMC closes the park for the public on Friday and Saturday
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Calcutta HC Blasts Central Government And CAT For Not Following Due Process

By Sunil Garodia
First publised on 2021-10-30 07:43:20

About the Author

Sunil Garodia Editor-in-Chief of indiacommentary.com. Current Affairs analyst and political commentator. Author of Cyber Scams in India, Digital Arrest, The Money Trap and The Human Hack

The Calcutta HC came down heavily on the Union government and the Central Administrative Tribunal's (CAT) Delhi branch in former West Bengal chief secretary Alapan Bandopadhyay's case.  It blasted the Central government for the manner in which it proceeded with the case saying that it smacked of mala fides. It took the CAT to task for paying "obeisance to the diktat" of the Central government.

To readers who are not aware of the case, as chief secretary of West Bengal, Bandopadhyay was summoned to be present when Prime Minister Modi visited the state to study the impact of Cyclone Yaas in May this year. But he chose not to do so and instead went with chief minister Mamata Banerjee on a tour of the devastated areas after putting in an appearance before the Prime Minister for just few minutes. Piqued by this, the government initiated administrative action against him. As per rules, the Central action was correct as Bandopadhyay has to first report to the PM. But the urgency and the speed with which such action was initiated and the manner in which it was sought to be disposed raised eyebrows. When the case was transferred from the Kolkata branch of CAT to its Delhi branch, Bandopadhyay rightly took umbrage and approached the Calcutta HC against the transfer order.

The High Court now considered three things - whether it was competent to hear an order passed CAT's Delhi branch; whether CAT's Delhi branch was competent to hear the matter as the case was filed in Kolkata; and finally, whether it was correct to transfer the case from Kolkata to Delhi. The court heard the matter as it said that since the incident happened in Kolkata and the case was originally filed in CAT's Kolkata branch, there was no issue about it having jurisdiction. As for the other two issues, the court said that the grounds for transferring the case to Delhi were flimsy and did not warrant such an action. It also said that in hearing a matter filed in Kolkata, the Delhi branch of CAT showed an unwanted willingness to bend to pressure from the Central government.

Finally, the court said that the entire process was unfair to Bandopadhyay as it did not give him time to respond to notices. It said that the way things unfolded, not only were his legal rights were hampered but his fundamental right of "equality before law" was also violated. The court ordered that the case should be transferred back to CAT's Kolkata branch and directed it to dispose it "expeditiously". The court also said that the entire episode "shocks the judicial conscience" and "poses a threat to the federal structure".

India is a democratic country governed by the rule of law. The government is expected to follow due process in all cases, even when it feels that an employee has not followed orders. The accused has to be given reasonable time to respond to notices which are issued as per law. In showing undue haste in prosecuting Bandopadhyay, the government did not follow due process and it looked as if it was bent on extracting revenge. The Calcutta HC is right in castigating such efforts and protecting the rights of the individual. If Bandopadhyay committed a mistake, he must be charged and punished as per service rules, but this has to be done by following due process and not as per the whims and fancies of those in power or by using strong-arm tactics.