No relief for CM’S pvt secy: CAT refuses to stay his termination

THE CENTRAL Administrative Tribunal (CAT) Monday refused to stay the termination of Bibhav Kumar, private secretary of Chief Minister Arvind Kejriwal, by the Delhi government’s Vigilance department. Kumar’s services were terminated by the department earlier this month, citing the pendency of a 17-year-old criminal case registered against him.

The bench of Chairman Justice Ranjit More and Member Anand Mathur refused to stay the termination stating that granting such relief would amount to ‘final relief’.

At the same time, the CAT issued notice to advocates Avinash Ahlawat, Amit Anand and Sriparna Chatterjee, appearing for the GNCTD (Government of Delhi), on Kumar’s plea challenging his termination order passed on April 10. The matter will now be heard on April 29.

Kumar, in his plea seeking relief, argued that his tenure could only be curtailed by CM Kejriwal and not the Special Secretary (Vigilance) according to the terms and conditions in his order of appointment. Without a stay on the termination,kumarwillnotbeallowed to continue his services as the CM’S private secretary.

He also stated that while he was appointed, the pendency of the FIR lodged against him in Noida in 2007 for obstructing a public servant was taken into consideration and a favorable finding towards him was given.

It was also Kumar’s case that he earlier disclosed the pendency of the case and the then LG of Delhi, after taking into consideration all the relevant factors, notified his recommendation for appointment as private secretary in 2015. He was also reappointed in 2020.

“... the Special Secretary (Vigilance) had no authority even to hold an inquiry, much less issuing a show-cause notice after recordingadversefindings,”stated Kumar’splea.hewasrepresented by advocates M K Bharadwaj, Mohd Irshad and Karan Sharma.

Kumar also stated that the outcome of the FIR lodged in 2007 had not come to date and, therefore, there was no occasion for the Vigilance department to terminate his services in any manner whatsoever.

“The Special Branch of the Delhi Police conducted a detailed inquiry and submitted a character and antecedent report of the applicant (Bibhav Kumar) and (it) wasdulytakenintoconsideration bythecompetentauthority.inthe said report, it has been clearly mentioned that nothing adverse has been found against the applicant,” stated Kumar’s plea.