The Delhi High Court dismissed the Centre's plea against the promotion of IRS officer Sameer Wankhede. The court stated that no departmental proceedings are pending against him and directed the central government to implement the order within four weeks.
Delhi: The Delhi High Court has delivered a significant verdict concerning IRS officer Sameer Wankhede. The court dismissed the central government's plea challenging Wankhede's promotion. This decision brings considerable relief to Wankhede's career and also proves to be a setback for the central government.
High Court did not accept the Centre's arguments
A division bench of the Delhi High Court, comprising Justice Navin Chawla and Justice Madhu Jain, clarified that no departmental proceedings are pending against Wankhede. The court stated that an officer's promotion cannot be stalled as long as there are no concrete actions or charge sheets pending at the departmental level against them.
Court's remarks on CBI and ED investigations
The central government had argued that cases have been registered against Wankhede by the CBI and ED, and a complaint was also received alleging his use of a forged caste certificate to obtain his job. However, the court made it clear that a mere investigation or complaint does not mean a person can be denied promotion. The court added that until an investigation's outcome materializes into a departmental action, it cannot serve as grounds for withholding a promotion.
CAT's order upheld, directive to comply within four weeks
The Central Administrative Tribunal (CAT) had previously issued an order in favor of Wankhede's promotion. CAT had directed that the government should open the sealed envelope related to Wankhede's promotion and, if the UPSC had recommended his name, he should be promoted to the post of Additional Commissioner from January 1, 2021. The Delhi High Court has now upheld this order and directed the central government to comply with it within four weeks.
Why the Centre's plea was dismissed
The central government had contended that there are several serious allegations against Wankhede and, therefore, he should not be promoted. However, the court clarified that an individual cannot be prevented from promotion solely based on allegations or investigations. Unless there are concrete departmental proceedings, the right to promotion cannot be denied.
Wankhede's career
Sameer Wankhede's name has been in the headlines on multiple occasions. As the Zonal Director of the NCB, he took strict action in drug cases in Mumbai. He gained significant attention during the Aryan Khan drug case. Following this decision, his career might once again get back on track.
A setback for the Centre, relief for Wankhede
This verdict is a setback for the central government, which had made every effort to halt the promotion. However, the court has made it clear that withholding a promotion merely based on an investigation is not appropriate. For Wankhede, this decision brings significant career relief, as he can now receive his promotion to the post of Additional Commissioner.
