CAT refuses to stay Kejriwal PA's termination order

The Central Administrative Tribunal (CAT) has dismissed an interim application by Bibhav Kumar, a Private Assistant to Delhi Chief Minister Arvind Kejriwal, challenging the termination order issued by the Directorate of Vigilance. Kumar filed an OA before the tribunal on April 15, 2024.

New Delhi: The Central Administrative Tribunal (CAT) on Monday refused to stay recent order issued by the Directorate of Vigilance (DoV), terminating Service of Bibhav Kumar, Private assistant (PA) to Delhi Chief Minister Arvind Kejriwal.

The Chairman bench of CAT on Monday issued notice on the original application moved by Bibhav Kumar. However, observing that staying the termination order would amount to granting of final relief, the interim application has been dismissed.

The services of Bibhav Kumar Personal secretary to Chief Minister of Delhi were terminated on April 10, 2024, by the Directorate of Vigilance. Bibhav Kumar filed an OA before the Central Adminsitrative tribunal challenging the termination order which was listed before the Chairman today i.e. April 15, 2024.

The court has posted the matter for hearing on April 29, 2024. Government of NCT of Delhi was represented by Avnish Ahlawat (Standing Counsel, Services) along with NK Singh, Laavanya Kaushik, Aliza Alam and Mohnish Sehrawat.

"The Applicant (Bibhav Kumar) was represented by MK Bhardwaj. Special Secretary Vigilance YVVJ Rajshekhar in an order passed on April 10, 2024, citing a case of 2007 pending against Bibhav Kumar in which he was accused of obstructing government work. The Competent Authority hereby terminates the engagement of Bibhav Kumar, in terms of the provisions of Rule 5 of the Central Civil Services (Temporary Service) Rules, 1965, with immediate effect," the order said.

The order stated that the charges against Bibhav Kumar are grave in nature, including charge of assault or criminal force to deter a public servant from discharge of his duty.

"It is observed that charges against Bibhav Kumar are grave in nature, including charge of 'assault or criminal force to deter public servant from discharge of his duty' (section 353 IPC), for which the trial against Bibhav Kumar is at the stage of evidence, and therefore Bibhav Kumar is not clear from vigilance angle," it said.

"Any serious lapse in the verification procedure could result in appointment of persons in the personal staff of Ministers, MP and other government bodies, who are otherwise not eligible to man the post. This is fraught with dangers because such persons could also have access to sensitive information and data," the order added.

The action comes two days after the Directorate of Enforcement (ED) questioned Bibhav Kumar, and Aam Aadmi Party (AAP) MLA, Durgesh Pathak in a money laundering probe related to irregularities in the Delhi Excise Policy 2021-22 case.

ED investigators started questioning Bibhav on Monday soon after he deposed before them in the morning, while Pathak's questioning began when he reached the agency office in the afternoon following summons issued against them separately.

Earlier in February, the ED also questioned Bibhav and recorded his statements in connection with the case under the provisions of the Prevention of Money Laundering Act (PMLA).

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