Arvind Kejriwal's PA Bibhav Kumar to challenge termination by Directorate of Vigilance in CAT: AAP legal team

Jailed Delhi Chief Minister Arvind Kejriwal's personal assistant (PA), Bibhav Kumar, is planning to move the Central Administrative Tribunal (CAT) against his termination from services by the Directorate of Vigilance (DoV), the Aam Aadmi Party (AAP) legal team said on Thursday.

The AAP's legal team is brainstorming over the grounds on which the said order can be challenged. One of the key aspects that Bibhav is likely to raise before the CAT is the timing of this order and to term the order of the Vigilance as unconstitutional, according to the legal team of the AAP.

Special Secretary Vigilance YVVJ Rajshekhar, in an order passed on April 10, 2024, cited a case from 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 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).