New Delhi, March 6, 2025: The Central Administrative Tribunal (CAT) has overturned the transfer of Indian Revenue Service (IRS) officer Sameer Wankhede from Mumbai to Chennai, calling the move “arbitrary and violative” of the Department of Revenue’s own transfer policy.
The Principal Bench of CAT, comprising Justice Ranjit More (Chairman) and Rajinder Kashyap (Member (A)), found that the transfer order issued in May 2022 by the Department of Revenue “smacked of bias” against Wankhede.
Background of the Case
Sameer Wankhede, a 2008-batch IRS officer, was the Zonal Director of the Narcotics Control Bureau (NCB) in Mumbai in 2021. He gained national attention for arresting Aryan Khan, son of Bollywood superstar Shah Rukh Khan, in a high-profile drug case. However, allegations of bribery and procedural irregularities led to his removal from the case. Eventually, the NCB dropped charges against Aryan Khan due to a lack of evidence.
Subsequently, a departmental inquiry was launched against Wankhede, and the Central Bureau of Investigation (CBI) and Enforcement Directorate (ED) registered cases against him for alleged extortion and money laundering. Following this, he was recalled from NCB to the revenue department.
On May 30, 2022, Wankhede was transferred from the Directorate General of Analytics and Risk Management (DGARM), Mumbai, to the Directorate General of Taxpayer Services (DGTS), Chennai, by an order from the Central Board of Indirect Taxes (CBIC).
CAT’s Observations
The Department argued that Wankhede had been stationed in Mumbai since his initial posting in 2010. However, the Tribunal noted that his tenure included deputations to various agencies like the NCB, Directorate of Revenue Intelligence (DRI), Customs, and Central Excise, which should be excluded when calculating his service period in Mumbai.
The Tribunal observed that Wankhede had spent 6 years and 8 months on deputation in Mumbai and Delhi, which made him eligible to continue in Mumbai under the transfer policy guidelines.
The Tribunal emphasized that while IRS officers have an all-India service liability, transfer orders must comply with established policies.
It ruled that Wankhede’s transfer was inconsistent with the Transfer/Placement Guidelines, 2018, for IRS (C&CE) officers.
The CAT cited the well-established legal principle that transfer orders can be overturned if they are arbitrary or issued with malice.
Case Details
Case Title: Sameer Dnyandev Wankhede vs Union of India |
Case No. OA No. 3677/2024
Read More: Detailed Analysis of the Income Tax Act: Key Sections for Taxpayers and Businesses