CAT Refuses To Stay Termination Of Arvind Kejriwal's Personal Secretary Bibhav Kumar

The Central Administrative Tribunal (CAT) on Monday refused to stay the termination of Bibhav Kumar, personal secretary of Chief Minister Arvind Kejriwal.

Kumar was suspended by Delhi Government's Vigilance department earlier this month citing a 19 year old case of obstructing and threatening a public servant.

A bench comprising Justice Ranjit More (Chairman) and Member Anand Mathur issued notice on Kumar's plea challenging the termination order passed on April 10, as well as the show cause notice.

However, the bench refused to pass any interim order at this stage, observing that granting it would amount to final relief.

“Learned counsel for applicant presses for grant of interim relief. We are not inclined to grant such relief at this stage inasmuch as granting the same will amount to the final relief,” the bench said.

It was Kumar's case that if stay is not granted, he will not be allowed to continue his services as the Private Secretary to the Chief Minister of Delhi.

Kumar's plea states that he was appointed against a permanent and co-terminus post and as such his tenure appointment could only be curtailed by the Chief Minister as per the terms and conditions as contained in order of appointment, and not Special Secretary (Vigilance).

“In such view of the matter, the action of respondent in terminating the services of Applicant under CCS (Temporary Service) Rules, 1965 is illegal and void ab-initio. In addition, it is also relevant to clarify that the Tenure Appointments can only be interfered with justifiable reasons and in consonance with the principles of Natural Justice,” the plea said.

Counsel for Applicant: Advocates Mr. M K Bhardwaj, Mr. Karan Sharma, Mr. Mohit Siwach, Ms. Urvi Kashiwal and Mohd. Irshad

Counsel for Respondent(s): Advocates Mrs. Avinash Ahlawat, Mr. Amit Anand, Mrs. Sriparna Chatterjee, Mr. Nitesh Kumar Singh