'Arbitrary' : CAT Sets Aside Transfer Of IRS Officer Sameer Wankhede From Mumbai To Chennai

The Central Administrative Tribunal has set aside the transfer of Indian Revenue Service (IRS) officer Sameer Wankhede, who courted controversy over his role investigating the Aryan Khan drug case in 2021, from Mumbai to Chennai.

The CAT Principal Bench found the transfer order issued by the Department of Revenue in May 2022 to be "arbitrary and violative of their own transfer policy." The bench of Justice Ranjit More(Chairman) and Rajinder Kashyap (Member (A)) further observed that the stand of the Department towards Wankhede "smacks their bias towards him."

Wankhede, an IRS officer of 2008 batch, was working as the Zonal Director of Narcotics Control Bureau (NCB) Mumbai in 2021, where he created news by arresting Aryan Khan, son of film star Shah Rukh Khan, in a drug case. Later, following allegations of bribery and malpractices, Wankhede was taken off the investigation. Eventually, the NCB closed the case against Aryan Khan for lack of evidence. A departmental inquiry was also initiated against Wankhede over alleged irregularities in investigation. CBI and the ED also registered cases against him over allegations of extortion and money laundering. Later, he was called back from the NCB to the department.

On May 30, 2022, he was transferred from Directorate General of Analytics and Risk Management(DGARM), Mumbai to Directorate General of Taxpayer Service (DGTS), Chennai by an order issued by the Central Board of Indirect Taxes.

With respect to the respondents' contention that Wankhede had remained in Mumbai ever since his first posting in the Department (2010), the Tribunal noted that his service period was divided on deputation with various entities like NCB, DRI, Customs, Central Excise during this period. As per the transfer policy of the respondents, the period on deputation has to be excluded from the tenure. The Tribunal noted that the applicant has spent a period of 06 years and 08 months on deputation / loan basis in various entities at Mumbai / Delhi and this period is liable to be excluded.

"There is no disagreement on the point that officer has All India liability to serve, however, respondents while posting the officers needs to adhere to their own policy in a fair,transparent and just manner," the Tribunal said.

The CAT cited the well settled principle that transfer orders can be intereferd with if they are issued arbitrarily and with mala fides. "It is held that the transfer of the applicant is not inconsonance with the new Transfer/Placement Guidelines, 2018 for Indian Revenue Service (C&CE) Officers issued by the respondents dated 12th April, 2018," the CAT held, adding that it was restraining itself from imposing costs on the respondents.

Mr. Sameer Wankhede was represented by Mr. Ajesh Luthra, Advocate along with Mr. Jatin Parashar, Advocate.

Mr. Hanu Bhaskar, Advocate, represented the respondents.

Case : Sameer Dnyandev Wankhede vs Union of India | OA No. 3677/2024

Click here to read the order