CAT refuses to stay Bibhav’s termination

New Delhi, April 15

In another setback to Arvind Kejriwal, the Central Administrative Tribunal (CAT) on Monday refused to stay the termination of Bibhav Kumar, who served as the personal secretary to the Chief Minister.

Kumar was suspended earlier by the Delhi Government’s Vigilance department due to a 19-year-old case involving alleged obstruction and threats to a public servant.

A bench, chaired by Justice Ranjit More and including member Anand Mathur, issued a notice on Kumar’s plea challenging the termination order issued on April 10, along with the accompanying show-cause notice.

However, the Bench opted against passing any interim order at this juncture, stating that doing so would effectively amount to providing final relief.

Kumar’s plea revolved around the claim that without a stay, he would be unable to continue serving as the private secretary to the Chief Minister of Delhi. His plea contends that his appointment was for a permanent and co-terminus post, and therefore, only the Chief Minister, in accordance with the terms of his appointment, could curtail his tenure — not the Special Secretary (Vigilance).

According to Kumar’s plea, the termination of his services under the CCS (Temporary Service) Rules, 1965 is deemed illegal and void ab-initio. It also emphasises that tenure appointments can only be interfered with under justifiable reasons and in adherence to the principles of natural justice.