No Formal Charges Means No Promotion Block, Supreme Court Rules in Wankhede Case

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The Supreme Court has upheld a Delhi High Court ruling that clears the way for the promotion of IRS officer Sameer Wankhede to Joint Commissioner of Customs and Indirect Taxes. Dismissing the Centre’s petition, the apex court reinforced that preliminary investigations cannot be used to stall career progression when no formal charges exist.

Clear Direction from the Apex Court


While rejecting the government’s plea, the Supreme Court stated, “We are not inclined to interfere with the impugned judgment and order in exercise of our jurisdiction under Article 136 of the Constitution of India. The Special Leave Petitions are, accordingly, dismissed.  The dismissal of this matter will have no bearing on any other proceedings. Pending application(s), if any, stand disposed of.” 

The court also clarified that the dismissal would not impact other proceedings, keeping ongoing probes legally independent from service-related decisions.

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High Court and CAT Findings in Focus


The ruling is based on a Central Administrative Tribunal order in December 2024, which was later approved by the Delhi High Court. The CAT had commanded the authorities to give Wankhede the promotion benefits retroactively from January 1, 2021, provided that the UPSC consented. The High Court pointed out that there was no departmental inquiry, suspension, or formal charge sheet against the officer.

Centre’s Objections and the Cordelia Cruise Case


The Centre raised objections concerning the promotion, pointing to the ongoing CBI and ED investigations related to the Cordelia cruise case, where Aryan Khan, the son of Shah Rukh Khan, was implicated. 

Allegations included corruption and extortion claims during the NCB probe led by Wankhede. Due to these accusations, his promotion had been placed under a sealed cover for several years.

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Why the Verdict Matters Now


The ruling of the Supreme Court supports the K.V. Jankiraman ruling, which states that promotions cannot be prevented without issuing formal charges or suspending the employee. 

This ruling has created a more distinct division between investigation and punishment. The ruling for civil services, on the one hand, increases the service protections and, on the other, allows the probes to continue without being interfered with.