
The Tribunal held that the disciplinary charge memorandum issued against IRS officer Sameer Wankhede was vitiated by malice and colourable exercise of power.
It observed that the charge was based on material already held to be part of a preliminary enquiry and was also subject matter of pending criminal proceedings.
The Tribunal observed that initiating disciplinary action on such material amounted to harassment and an attempt to stall the officer’s promotion. It further observed that the conduct of CBIC reflected bias and personal vendetta.
Accordingly, the Tribunal quashed the charge memorandum with all consequential benefits and restrained further proceedings.
[Sameer Wankhede v. UOI]
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