Delhi HC Sets Aside CAT Order, Revives Disciplinary Proceedings Against Sameer Wankhede

Delhi High Court restores charge memorandum against Sameer Wankhede in Cordelia cruise case after overturning CAT ruling.
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Delhi High Court sets aside CAT order quashing disciplinary action against IRS officer Sameer Wankhede.

The High Court has restored charge memorandum, overturned CAT’s findings of malice and procedural impropriety and allowed departmental inquiry to proceed on merits.

The Delhi High Court on Friday set aside an order passed by the Central Administrative Tribunal quashing disciplinary proceedings against IRS officer Sameer Wankhede in connection with the 2021 Cordelia cruise drug bust case.

A division bench comprising Justice Anil Kshetarpal and Justice Amit Mahajan allowed the plea filed by the Central Government challenging the Tribunal’s January 19 order.

Pronouncing the verdict, the Court stated that the petition was allowed, effectively restoring the charge memorandum issued against Wankhede.

The Tribunal had earlier quashed the departmental action, holding that the proceedings were vitiated by grave procedural impropriety, malice in law and abuse of process.

It had found fault with the manner in which the charge memorandum dated August 18, 2025 was issued and concluded that the decision to proceed reflected a predetermined mindset.

Wankhede had argued before the Tribunal that the departmental proceedings arose from the same allegations forming the basis of a criminal case registered against him by the Central Bureau of Investigation in relation to the Cordelia cruise matter.

He contended that the criminal case was founded on a Special Enquiry Team report whose findings had been questioned because of the inclusion of an officer who allegedly had a supervisory role, thereby vitiating the enquiry.

He also pointed out that the charge memorandum relied upon a call transcript between him and a former Deputy Legal Advisor, a transcript that he had himself placed before the Bombay High Court in his defence in related proceedings.

While quashing the charge memorandum, the Tribunal had taken note of Wankhede’s service record and described his career profile as exceptional, observing that he had received multiple accolades during his tenure.

It concluded that the departmental action suffered from non-application of mind and overzealous alacrity, suggesting an attempt to penalise him irrespective of the merits.

However, with the High Court allowing the Centre’s petition, the Tribunal’s findings have been overturned, and the disciplinary proceedings against Wankhede stand revived, paving the way for the continuation of departmental inquiry in accordance with law.

Earlier, Court criticised the Union government for concealing material facts while seeking a review of its past order directing the promotion of IRS officer Sameer Wankhede to the post of Joint Commissioner of Customs and Indirect Taxes

The Central Government had sought a review of the August 28, 2025 order, in which the High Court had upheld the CAT’s direction to open the sealed cover pertaining to Wankhede’s promotion.

The court had also instructed the government to promote him to the post of Additional Commissioner of Customs and Indirect Taxes with effect from January 1, 2021.

Case Title: Union of India v. Sameer Wankhede

Bench: Justice Anil Kshetarpal and Justice Amit Mahajan

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