The Central Administrative Tribunal (CAT) has declined to grant any relief to Bibhav Kumar, former private secretary to the Chief Minister, who challenged his termination order issued by the Vigilance Department on April 10.
A bench comprising Justice Ranjit More (Chairman) and Member Anand Mathur issued notice on Kumar’s plea challenging the termination order passed on April 10, as well as the show cause notice. However, the bench refused to pass any interim order at this stage, observing that granting it would amount to final relief.
“Having heard learned counsel for the applicant, we issue notice to the respondents Mrs Avinash Ahlawat, Mr Amit Anand and Mrs Sriparna Chatterjee, learned counsel appear and accept notice on behalf of the respondents. Learned counsel for applicant presses for grant of interim relief.We are not inclined to grant such relief at this stage inasmuch as granting the same will amount to the final relief,” the CAT order said. The next date of hearing is fixed for April 29.
The Assistant Director and Special Secretary from the Vigilance Department attended the hearing.
In his petition, Bibhav sought various reliefs, including the quashing of the termination order and show cause notice, along with interim relief to stay the termination order until the final adjudication.
It was Kumar’s case that if stay is not granted, he will not be allowed to continue his services as the Private Secretary to the Chief Minister of Delhi.
Kumar’s plea states that he was appointed against a permanent and co-terminus post and as such his tenure appointment could only be curtailed by the Chief Minister as per the terms and conditions as contained in order of appointment, and not Special Secretary (Vigilance).
“In such view of the matter, the action of respondent in terminating the services of Applicant under CCS (Temporary Service) Rules, 1965 is illegal and void ab-initio.
In addition, it is also relevant to clarify that the Tenure Appointments can only be interfered with justifiable reasons and in consonance with the principles of Natural Justice,” the plea said.
