SC refuses to interfere with Delhi HC order to promote IRS Sameer Wankhede

New Delhi [India], January 21 (ANI): The Supreme Court on Monday refused to interfere with the Delhi High Court's decision that upheld a ruling passed by the Central Administrative Tribunal (CAT) granting relief to Indian Revenue Service Officer (IRS) Sameer Wankhede by directing the Centre to proceed with his promotion as the Joint Commissioner of Customs and Indirect Taxes, on eligibility.
A bench of Justices PS Narasimha and Alok Aradhe dismissed an appeal filed by the Central government challenging the said Delhi High Court order pronounced on August 28 last year.
"We are not inclined to interfere with the impugned judgment and order in exercise of our jurisdiction under Article 136 of the Constitution of India. The Special Leave Petitions are, accordingly, dismissed. However, the dismissal of this matter will have no bearing on any other proceedings. Pending application(s), if any, stand disposed of," the court noted.
The High Court's August 2025 order had 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 from January 1, 2021, contingent on his recommendation by the UPSC. The Tribunal had also directed that his name be appropriately placed in the seniority list of Joint Commissioners.
The Centre opposed Wankhede's promotion on the grounds that several proceedings were pending against the IRS officer. These included an FIR registered by the CBI in May 2023, an ECIR lodged by the Enforcement Directorate under the Prevention of Money Laundering Act, and draft charge-sheets proposing major penalties.
The complaints stemmed from allegations of lapses and corruption linked to the Narcotics Control Bureau (NCB) search and seizure operation in the Cordelia cruise case, of which Wankhede was a part. NCB's search operation had led to the arrest of several people, including Aryan Khan, the son of Bollywood actor Shah Rukh Khan, on charges of drug abuse.
It was alleged that the accused officers abused their official position and entered into a criminal conspiracy with private individuals. According to the allegations, they facilitated an extortion plot to demand ₹25 crore from the family of an accused in the case, later settled at ₹18 crore, with ₹50 lakh allegedly received as bribe money. Owing to the said allegations against Wankhede, the report recommending his promotion was kept in a sealed cover, and the officers' promotion was stalled.
However, the Delhi High Court, in agreement with the CAT, had approved the officers' promotion by observing that, as of now (August 2025), 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 High Court had also noted that mere pendency of preliminary investigations could not be grounds for denying promotion. Referring again to the K.V. Jankiraman precedent, the HC judges had 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. The apex court has now upheld the Delhi High Court's decision.
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)