Delhi HC Clarifies SET Evidence Not Admissible in Sameer Wankhede’s Department Inquiry

The Delhi High Court clarified that evidence from the Special Enquiry Team will not be considered in the department inquiry against senior IRS officer Sameer Wankhede. Wankhede’s counsels opted not to pursue the plea further, urging the court to ensure SET findings wouldn’t be used.

Wankhede contested a Central Administrative Tribunal (CAT) order refusing to quash SET findings from August 21 last year. He sought to quash a report by the SET led by NCB Deputy Director General Gyaneshwar Singh, who was actively involved in supervising the investigation that led to certain allegations against Wankhede.

The CAT bench concluded that Singh’s involvement in the investigation was a violation of natural justice, directing relevant authorities to grant Wankhede a personal hearing before taking any action. Recently, the high court set aside the CAT’s order regarding the procedure for action against Wankhede, who is currently serving as an Additional Commissioner in the Department of Revenue, Ministry of Finance.

The high court partially allowed the Central government’s appeal, stating that the directive for a personal hearing before action contradicted CCS (CCA) Rules. The court clarified that Wankhede could challenge the order if he wished to do so, as the Centre argued that the CAT’s order was erroneous in failing to recognize the rules regarding providing a personal hearing before issuing a charge sheet.

Wankhede’s counsel claimed that their client was aggrieved by the CAT’s decision, highlighting Singh’s involvement in issuing directions during the investigation despite being appointed as the Chairman of the SET. Wankhede recently filed a contempt plea against Singh for non-compliance with the Tribunal’s order, which was dismissed by a single-judge bench but granted Wankhede the liberty to seek redressal through the CAT.