The Supreme Court declined to interfere with the Delhi High Court’s order upholding CAT’s decision granting promotion to IRS officer Sameer Wankhede, holding that mere pendency of investigations without charge-sheets cannot justify denial of promotion.
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NEW DELHI: The Supreme Court on Monday refused to interfere with the Delhi High Court’s decision upholding relief granted to Indian Revenue Service (IRS) officer Sameer Wankhede, thereby clearing the way for his promotion to the post of Joint Commissioner of Customs and Indirect Taxes.
A bench comprising Justice P.S. Narasimha and Justice Alok Aradhe dismissed the Special Leave Petition (SLP) filed by the Central Government challenging the Delhi High Court’s judgment dated August 28, 2025, which had affirmed the Central Administrative Tribunal’s (CAT) order in Wankhede’s favour.
“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,” the Supreme Court observed.
The Court clarified that the dismissal would not affect any other ongoing proceedings against the officer.
CAT and Delhi High Court Orders
The controversy stems from a December 2024 CAT order, which directed the Union Government to consider Sameer Wankhede’s promotion to the post of Additional Commissioner of Customs and Indirect Taxes with effect from January 1, 2021, subject to recommendation by the Union Public Service Commission (UPSC).
The Tribunal also ordered that Wankhede’s name be placed appropriately in the seniority list of Joint Commissioners.
The Delhi High Court, in its August 2025 ruling, upheld the CAT’s decision, rejecting the Centre’s argument that Wankhede’s promotion should be withheld due to pending criminal proceedings.
The Central Government opposed Wankhede’s promotion, citing:
- An FIR registered by the CBI in May 2023
- An ECIR lodged by the Enforcement Directorate under the Prevention of Money Laundering Act (PMLA)
- Proposed draft charge-sheets contemplating major penalties
These proceedings arose from allegations connected to the NCB’s Cordelia Cruise drug seizure case, in which Wankhede, then Zonal Director of NCB Mumbai, played a key role.
Based on these allegations, the Department of Personnel and Training (DoPT) kept the promotion recommendation under the sealed cover procedure, thereby stalling his elevation.
Cordelia Cruise Case
The complaints against Wankhede relate to alleged lapses and corruption during the 2021 Cordelia Cruise ship raid, which resulted in the arrest of several individuals, including Aryan Khan, son of actor Shah Rukh Khan.
It was alleged that certain officers abused their official position and entered into a criminal conspiracy with private individuals to extort ₹25 crore, later allegedly settled at ₹18 crore, with ₹50 lakh purportedly received as bribe money.
Wankhede has consistently denied all allegations.
High Court’s Reasoning
The Delhi High Court, while upholding the CAT order, made crucial observations:
- No departmental proceedings were pending against Wankhede
- No charge sheet had been filed by the CBI or ED
- He was neither suspended nor formally charged
- Mere pendency of preliminary investigations cannot justify the denial of promotion
Relying on the landmark judgment in Union of India v. K.V. Jankiraman, the High Court held that the sealed cover procedure could be invoked only after a charge-sheet is issued or disciplinary proceedings are formally initiated.
The Court further noted that if the allegations were serious, the government could have suspended the officer, a step it chose not to take.
By dismissing the Centre’s appeal, the Supreme Court has effectively affirmed the legal principle.
Sameer Wankhede is a 2008-batch IRS officer who rose to national prominence during his tenure as Zonal Director, NCB Mumbai. He led several high-profile narcotics investigations, most notably the Cordelia Cruise case.
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