Tribunal Denies Interim Stay on Termination Order of Arvind Kejriwal’s Personal Assistant

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The Central Administrative Tribunal (CAT) denied an interim stay on the termination order of Arvind Kejriwal’s personal assistant. The termination will stand until further hearings.

NEW DELHI: On Monday (15th April): The Central Administrative Tribunal (CAT) refused to grant an interim stay on the termination order of Bibhav Kumar, the personal assistant to Delhi Chief Minister Arvind Kejriwal.

The CAT reasoned that granting such relief would equate to providing a final resolution. Kumar had approached the CAT to challenge his termination from the position of Officer on Special Duty (OSD) by the Vigilance Department. The termination was based on allegations of obstructing Government work.

Bibhav Kumar, the personal assistant to Delhi Chief Minister Arvind Kejriwal, filed a plea with the Central Administrative Tribunal (CAT) on Monday, seeking to contest his termination from the position of Officer on Special Duty (OSD) by the Vigilance Department. The termination order was issued citing a case against Kumar, accusing him of impeding government operations.

Upon receiving Kumar’s plea, the Central Administrative Tribunal (CAT) issued a notice to the concerned parties. However, the tribunal declined to grant an interim stay on the termination order. The CAT stated that providing interim relief at this stage would essentially amount to delivering a final judgment.

In his plea before the CAT, Bibhav Kumar claimed that his termination was a malicious act.

He alleged that his services were terminated

“Without any authority in law and in complete contravention of the applicable rules,” thereby rendering the entire proceedings null and void.

Kumar maintained that he was appointed by the Lieutenant Governor of Delhi upon the recommendation and approval of the Chief Minister, and that his appointment was for a permanent and co-terminus post. Consequently, he argued that only the Delhi Chief Minister possessed the authority to curtail his tenure as per the terms and conditions outlined in his appointment order.

Bibhav Kumar’s plea asserted that the Vigilance Department initiated the termination action independently, without the approval of disciplinary authorities. He argued that this alone was sufficient to invalidate the entire process.

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author

Minakshi Bindhani

LL.M( Criminal Law)| BA.LL.B (Hons)

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