The order read: “Consequent upon the resignation of the Council of Ministers notified vide dated 14.02.2020 the term of the government has ended, and being a coterminous officer, the appointment of Bibhav Kumar will also have to be terminated."

"However, in terms of DOPT OM dated 26.05.2014, the personal staff of the outgoing Minister can continue to hold their post for a period not exceeding 15 days."

"Since Honourable CM has now desired that Bibhav Kumar should continue working with him as Private Secretary, to consider his fresh appointment, the earlier term of coterminous appointment shall have to be terminated first. Hence, the services of Bibhav Kumar may be terminated wef 16.02.2020 (A/N) and thereafter, his appointment as Private Secretary to CM wef 17.02.2020 (F/N) may be considered.”

The Vigilance Department has pointed out that since the individuals appointed on a coterminous basis are governed by the CCS (Conduct) Rules, it is important to consider Bibhav Kumar's character and antecedents verification that was carried out at the time of his previous appointment as Private Secretary to the Chief Minister.

This is because, during his subsequent period of working in the government with the Chief Minister, there were no negative reports against him.

“However, it may be placed on record that in case any adverse report is received in future, in this office pertaining to this last five-year period, the officer would be liable for necessary action in terms of relevant rules in the matter. As of now, the appointment shall have to be made subject to the outcome of the case at Noida, Sector-20 police station, registered under sections 353,504,506 IPC, which was reported in his character and antecedents verification report from Delhi Police,” the order further read.