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CAT declines to postpone Bibhav’s dismissal

Arvind Kejriwal suffered another blow on Monday when the Chief Minister’s personal secretary, Bibhav Kumar, was fired. The Central Administrative Tribunal (CAT) declined to suspend the firing.

The Vigilance Department of the Delhi government had already suspended Kumar on the grounds of a case dating back 19 years that included accusations of obstruction and threats against a public worker.

In response to Kumar’s suit contesting the April 10 termination decision and accompanying show-cause notice, a bench led by Justice Ranjit More and composed of Anand Mathur issued a notice.

The Bench, however, decided against issuing any interim orders at this point since they would essentially amount to ultimate relief.

Kumar’s argument centred on his assertion that he would be unable to carry out his role as Delhi’s Chief Minister’s private secretary in the absence of a stay. In his petition, he argues that because his appointment was for a co-terminus permanent position, only the Chief Minister may terminate his employment in compliance with the provisions of that agreement, not the Special Secretary (Vigilance).

Kumar argues that his services were terminated illegally and invalid ab-initio under the CCS (Temporary Service) Rules, 1965. It further emphasizes that interference with tenure appointments must be justified and consistent with natural justice standards.

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