FIT IN CONSULTANTS

The Central Administrative Tribunal (CAT) refused to grant an interim stay on Delhi Chief Minister Arvind Kejriwal’s personal assistant Bibhav Kumar’s termination order, noting that it would amount to granting the final relief.

Kumar had moved the CAT on Monday, challenging his termination from the post of Officer on Special Duty (OSD) by the Vigilance Department.

Delhi’s Directorate of Vigilance Department had terminated Kumar’s services, citing a case against him, in which he was accused of obstructing government work.

The tribunal on Monday issued notice on the plea. However, it refused to grant an interim stay on the termination order.

Kumar’s plea, while calling his termination a malafide act, alleged that his services had been terminated “without any authority in law and in complete contravention of the applicable rules, thereby rendering the entire proceedings as non-est and void”.

According to his plea before CAT, he was appointed by the Lieutenant Governor of Delhi as per the recommendation/approval of the Delhi’s Chief Minister.

He said that he was appointed against a permanent and co-terminus post and, as such, his tenure appointment could only be curtailed by the Delhi Chief Minister as per the terms and conditions as contained in the order of appointment.

The plea has stated that, in the present case, the action has been initiated by the Vigilance Department on their own, without the approval of disciplinary authorities and the same in itself is sufficient to vitiate the entire action.