Delhi High Court rejects Central government plea against CAT order to promote Sameer Wankhede

The Delhi High Court on Thursday dismissed Central government’s plea challenging Central Administrative Tribunal (CAT)'s order directing it to proceed with Indian Revenue Service (IRS) officer Sameer Wankhede's promotion as Joint Commissioner of Customs and Indirect Taxes [Union of India and Ors Vs Sameer Dnyandev Wankhede].

While serving in the Narcotics Control Bureau (NCB) in 2021, Wankhede had shot to limelight when in a raid led by him, actor Shah Rukh Khan's son Aryan Khan was arrested in a drugs case.

However, Wankhede himself later faced many cases including for allegedly demanding a bribe of ₹25 crore from Shah Rukh Khan in exchange for not framing Aryan Khan in drugs case.

Last year, Departmental Promotion Committee (DPC), constituted for considering the case of the eligible ad-hoc officers for regular promotion to the post of Joint Commissioner, had kept Wankhede's case in a sealed cover. It was stated that cases registered by Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED) are pending against him and also pointed out that he was facing departmental proceedings.

However, the Principal Bench of CAT in December 2024 ordered that the sealed cover be opened and in case Wankhede's name is recommended by the Union Public Service Commission, he be granted promotion to the post of Joint Commissioner with effect from January 2021.

The Bench of Justice Navin Chawla and Justice Madhu Jain said there was no infirmity in the CAT order and thus dismissed the petition moved by Union government.

The Court observed that Wankhede has not made any admission of guilt and that Centre itself had advised not to proceed with the vigilance enquiry against him. It also said there was no chargesheet against the officer in the CBI and ED cases.

“In the present case, there is no admission of guilt on part of the respondent, and it is not the case of the petitioners that investigation has been completed by the CBI or the ED, resulting in a charge-sheet being filed against the respondent. As far as the Departmental Proceedings are concerned, the petitioners itself has advised CVC not to proceed further with the same. We find no infirmity in the Impugned Order passed by the learned Tribunal. petition is, accordingly, dismissed,” the Court said. 

The Court also observed that neither any departmental enquiry is pending against Wankhede nor was he placed under suspension . 

“From the above narration of facts, it would be evident that as on today, there is no Departmental Proceedings pending against the respondent wherein any charge-sheet had been issued against him. The respondent has also neither been placed under suspension nor any charge-sheet in a criminal prosecution has been filed against him,” the Court stated.  

Therefore, the Court directed that CAT's directions be complied with within 4 weeks.

Central Government Standing Counsel Ashish K Dixit with advocates Shivam Tiwari, Umar Hashmi and Urmila Sharma appeared for Union government. 

Senior Advocates Sudhir Nandrajog and Arvind Nayar with advocates T Singhdev, Nikhil Palli, Jatin Prashar, Niyati Razdan, Bhavya Sharma, Vaidushya Parth, Shubham, Anum Hussain, Manisha and Ankit appeared for Wankhede. 

[Read Judgment]