Delhi High Court Rejects Centre's Plea Against Direction To Grant Promotion To IRS Officer Sameer Wankhede If Found Eligible

The Delhi High Court has dismissed Central Government's plea against a direction to grant promotion to IRS officer Sameer Wankhede if he is found suitable by the UPSC.

A division bench comprising Justice Navin Chawla and Justice Madhu Jain upheld the order of the Central Administrative Tribunal and asked the Union Government to comply with the direction within four weeks.

Vide the impugned order, the CAT had directed the government to open the sealed cover pertaining to Wankhede's promotion and said that if his name is recommended by UPSC, he shall be granted promotion to the post of Additional Commissioner w.e.f. January 01, 2021.

It was the Central Government's case that the Tribunal failed to appreciate the fact that cases were registered against Wankhede by CBI and ED and that a complaint was also received alleging that he had submitted a forged Caste Certificate for obtaining employment.

Rejecting the plea, the Court noted that there was no Departmental Proceedings pending against Wankhede wherein any charge-sheet had been issued against him.

It further noted that Wankhede had also neither been placed under suspension nor any charge-sheet in a criminal prosecution was filed against him.

“Though the learned counsel for the petitioners has vehemently submitted that there are grave allegations against the respondent for which an FIR and an ECIR have been registered, and CVC on earlier occasion has also advised initiation of disciplinary proceedings, the fact remains that neither a charge-sheet in the criminal cases has been filed, nor disciplinary proceedings by issuance of a charge sheet have been initiated so far,” the Court said.

It added that there was no admission of guilt on part of Wankhede, and it was not the case of the Central Government that investigation was completed by the CBI or the ED resulting in a chargesheet being filed against him.

“As far as the Departmental Proceedings are concerned, the petitioners itself has advised CVC not to proceed further with the same,” it said.

Counsel for Petitioners: Mr.Ashish K. Dixit, CGSC with Mr.Shivam Tiwari, Mr.Umar Hashmi, Ms.Urmila Sharma, Advs

Counsel for Respondent: Mr.Sudhir Nandrajog and Mr.Arvind Nayar, Sr.Advocates with Mr.T.Singhdev, Mr.Nikhil Palli, Mr.Jatin Prashar, Ms.Niyati Razdan, Ms.Bhavya Sharma, Mr.Vaidushya Parth, Mr.Shubham, Ms.Anum Hussain, Ms.Manisha, Ms.Ankita, Advs

Title: UNION OF INDIA AND ORS v. SAMEER DNYANDEV WANKHEDE

Citation: 2025 LiveLaw (Del) 1034

Click here to read order