Delhi HC upholds CAT order granting promotion to former NCB and IRS Officer Sameer Wankhede

New Delhi [India], August 28 (ANI): The Delhi High Court on Thursday dismissed a petition filed by the Union of India challenging an order of the Central Administrative Tribunal (CAT), which had directed authorities to open the "sealed cover" concerning the promotion of Sameer Dnyandev Wankhede, a former officer of the Narcotics Control Bureau (NCB) and the Indian Revenue Service (IRS).
A division bench comprising Justice Navin Chawla and Justice Madhu Jain upheld the CAT's December 2024 ruling, which instructed the government to promote Wankhede to the post of Additional Commissioner of Customs and Indirect Taxes, effective January 1, 2021, contingent on his recommendation by the UPSC. The tribunal also directed that his name be appropriately placed in the seniority list of Joint Commissioners.
The Union of India and Others were represented by Ashish K. Dixit, Central Government Standing Counsel (CGSC), assisted by Shivam Tiwari, Umar Hashmi, and Urmila Sharma, Advocates.
On the other side, Sameer Dnyandev Wankhede was represented by Sudhir Nandrajog and Arvind Nayar, Senior Advocates in the matter.
The Centre, through Advocate Ashish Dixit, had opposed Wankhede's promotion, citing several pending matters. These included an FIR registered by the CBI in May 2023, an ECIR filed by the Enforcement Directorate under the Prevention of Money Laundering Act, and draft charge-sheets proposing significant penalties issued in September and December 2022.
Additionally, there were allegations involving a forged caste certificate and irregularities related to foreign travel and the purchase of luxury watches. Advocate Dixit argued that these serious allegations warranted the use of the "sealed cover" procedure, thereby justifying the delay in his promotion until the investigations were concluded.
In response, senior advocates representing Wankhede argued that the sealed cover procedure could only be invoked under three specific conditions laid down by the Supreme Court in the 1991 K.V. Jankiraman case: when a charge memo in disciplinary proceedings is issued, when a charge-sheet in a criminal case is filed, or when the officer is under suspension.
Since none of these conditions applied to Wankhede, he had not been served a charge memo or charge-sheet, nor was he suspended his promotion could not legally be withheld.
They also highlighted that the Delhi High Court, in a March 2024 order, had restrained reliance on evidence gathered by the Special Enquiry Team in any disciplinary proceedings, and that the Central Vigilance Commission had itself put further action in abeyance.
The High Court observed that, as of the current date, no departmental proceedings were pending against Wankhede, no charge-sheet had been filed by either the CBI or the ED, and he was neither suspended nor formally charged.
The bench stated that the mere pendency of preliminary investigations could not be grounds for denying promotion. Referring again to the K.V. Jankiraman precedent, the judges stated that if the allegations were indeed grave, the authorities had the option to suspend the officer--an option they had not exercised in this case. Consequently, the court found no infirmity in the CAT's order and directed the authorities to comply within four weeks.
Sameer Wankhede, a 2008-batch IRS officer, gained national attention during his tenure as Zonal Director of NCB Mumbai, particularly for leading high-profile narcotics investigations such as the 2021 Cordelia Cruise case. However, his tenure also drew significant scrutiny, political controversy, and multiple complaints that led to both departmental and criminal inquiries. (ANI)