Central Administrative Tribunal Quashes IRS Officer Sameer Wankhede's Transfer From Mumbai To Chennai

The former Narcotics Control Bureau (NCB) Mumbai zonal director Sameer Wankhede is all set to return back Mumbai with the The Central Administrative Tribunal (CAT) quashing and set aside “arbitrary” transfer of the Indian Revenue Service (IRS) officer to Chennai and patently violated the Revenue Department transfer guidelines.

The transfer order issued were "arbitrary and violative of their own transfer policy” and "smacked their bias towards him” by the Department of Revenue, Ministry of Finance observed the tribunal.

On May 30, 2022, Wankhede was transferred from his posting at the Directorate General of Analytical Risk Management (DGARM), Mumbai to the Directorate General of Taxpayers Services (DGTS), Chennai which were challenged by Sameer Wankhede alleging bias.

According to the 2008 IRS, after his tenure at Mumbai NCB, leading major crackdown on narcotics trafficking leading to arrests of NCP leader Nawab Malik’s son-in-law and bollywood superstar Shah Rukh Khan son Aryan Khan, he was transferred from the NCB to the DGARM office in Mumbai, which he joined on January 4, 2022 and five months later was transferred to the DGTS office, Chennai. He made Wankhede then made several representations to the government for transfer back to Mumbai citing various threats received by him and family members.

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,” adding that it was restraining itself from imposing costs on the respondents.

The principal bench of CAT chairman Justice Ranjit More and member Rajinder Kashyap mfurther observed that "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.”

Wankhede alleged that his transfer to Chennai was an “offshoot” of allegations made against him during his tenure at the NCB with false allegations orchestrated by NCB Deputy DG Gyaneshwar Singh of demanding Rs 25 crore from Shah Rukh Khan’s family with alleged threatens to implicate Khan’s son, Aryan Khan, in the Cordelia cruise drug case.

He further said the NCB’s Special Enquiry Team set up to probe the allegations had not given him an opportunity to defend himself, a fact upheld by higher courts.

According to senior revenue officials, the CAT ruling could have broader implications on how transfers of government officials are handled, particularly in cases where there is an alleged bias or deviation from policy.

The tribunal’s decision reaffirms the importance of adhering to established transfer policies to ensure transparency and fairness in administrative actions.