Big relief for Sameer Wankhede: SC upholds Delhi HC verdict on IRS officer’s promotion

The Supreme Court on Monday declined to overturn a Delhi High Court verdict that supported a Central Administrative Tribunal (CAT) order granting relief to IRS officer Sameer Wankhede.

The ruling directs the Union government to advance his promotion to the rank of Joint Commissioner of Customs and Indirect Taxes, provided he meets the eligibility criteria.

The apex court dismissed a petition from the central government, which sought to challenge the High Court’s decision issued on 28 August 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 order affirmed a December 2024 CAT ruling. The Tribunal had instructed the authorities to promote Wankhede to the rank of Additional Commissioner of Customs and Indirect Taxes, with effect from 1 January 2021, subject to UPSC approval.

Furthermore, the Tribunal ordered that his placement within the seniority list of Joint Commissioners be adjusted accordingly.

The Centre resisted Wankhede's advancement, citing multiple active investigations against him. These legal hurdles included a May 2023 FIR by the CBI, an Enforcement Directorate (ED) case under the money laundering laws, and several draft charge sheets recommending significant penalties.

These legal issues arose from allegations of corruption and procedural lapses during the Narcotics Control Bureau (NCB) raid on the Cordelia cruise ship.

Wankhede led that operation, which resulted in the high-profile arrest of Aryan Khan, son of actor Shah Rukh Khan, for alleged drug offences.

Prosecutors alleged that the involved officers exploited their authority, conspiring with private citizens to extort money. Specifically, claims emerged of a ₹25 crore demand from the family of an accused person — later negotiated to ₹18 crore — with a reported ₹50 lakh paid as a bribe. Due to these accusations, Wankhede’s promotion recommendation was placed in a “sealed cover”, halting his career progression.

Nevertheless, the Delhi High Court concurred with the CAT and sanctioned the promotion. The court observed that by August 2025, no formal departmental inquiries were active against Wankhede, no official charge sheets had been submitted by the CBI or the ED, and he was neither under suspension nor formally indicted.

The High Court emphasised that preliminary investigations alone are insufficient grounds to block a promotion. Citing the K.V. Jankiraman legal precedent, the HC judges remarked that if the charges were truly severe, the government could have suspended the officer — a step they chose not to take.

The Supreme Court has now solidified this stance.

Sameer Wankhede, from the 2008 IRS batch, rose to prominence as the NCB Mumbai Zonal Director, primarily for spearheading major drug probes like the 2021 cruise case.