ALAPAN BANDYOPADHYAY vs UNION OF INDIA AND ANR

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on: 17th October 2025 Date of Decision: 19th February, 2026 + W.P.(C) 1028/2022 ALAPAN BANDYOPADHYAY .....Petitioner Through: Mr. A.K. Behera, Sr. Adv. with Mr. Kunal Vajani, Mr. Kunal Mimani, Mr. Kartikey Bhatt and Mr. Prashant Alai, Advs. versus UNION OF INDIA AND ANR .....Respondents Through: Mr. Vikramjeet Banerjee, ASG with Ms. Nidhi Raman, CGSC with Mr. Akash Mishra, Mr. Arnav Mittal, Mr. Suraj, Mr. Kartik Dey and Mr. Mayank Sansanwal, Advs. for UOI. CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MS. JUSTICE JYOTI SINGH JUDGEMENT JYOTI SINGH, J. REVIEW PET. 80/2022, CM APPLs. 19486/2022, 1219/2025, 54267/2025 & 54272/2025 1. This review petition is filed by the Petitioner seeking review and recall of judgment dated 07.03.2022. 2. To the extent necessary, the factual matrix is that Petitioner joined IAS in 1987 and was allocated the West Bengal Cadre. Petitioner superannuated on 31.05.2021, while working as Chief Secretary of the State of West Bengal. On 16.06.2021, a major penalty chargesheet was issued to Signature Not Verified Digitally Signed By:KAMAL KUMAR W.P.(C) 1028/2022 Page 1 of 13 Signing Date:20.02.2026 14:41:10 the Petitioner by the Respondents under Rule 8 of the All India Services (Discipline and Appeal) Rules, 1969 read with Rule 6 of All India Services (Death-cum-Retirement Benefits) Rules, 1958. Enquiry Officer was appointed to conduct the departmental enquiry and preliminary hearing was scheduled for 18.10.2021. 3. On receiving the hearing notice, Petitioner filed an application under Section 19 of Administrative Tribunals Act, 1985 (‘1985 Act’) being O.A. No. 1619/2021, challenging the chargesheet and consequential orders of appointing the Enquiry Officer etc., before the Kolka