NEW DELHI: In yet another victory for IRS officer Sameer Wankhede, the Central Administrative Tribunal has on October 13 rejected a review petition against its previous order holding the IPS officer Gyaneshwar Singh-led Special Enquiry Team (SET)s report as unsustainable.
The SET's report was relied upon to lodge an FIR by the CBI accusing Wankhede and a few others of conspiring to extort Rs 25 Crore from actor Shah Rukh Khan for not implicating his son Aryan in the drug bust case in October, 2021.
A CAT bench of Chairman Justice Ranjit More and Member Anand Mathur dismissed the review application filed by the Union government and the Narcotics Control Bureau.
"We have perused the order dated 21.08.2023 and also the contents of Review Application. We do not find any error apparent on the face of the record or discovery of new material, which was not available with the review applicants despite due diligence at the time of final hearing," the bench said.
If the review applicants are not satisfied with the order passed by the Tribunal, remedy lies elsewhere, it said.
"By way of this Review Application, they seek to re-argue the case, which is not permissible in terms of the provisions contained in Section 22 (3) (f) of the Administrative Tribunals Act, 1985 read with Order XLVII, Rule (1) of CPC, and also in view of the ratio laid down by the Supreme Court in Union of India vs Tarit Ranjan Das, (2004)," it said.
The review application was filed under Section 17 of Central Administrative Tribunal (Procedure) Rules, 1987, seeking to review the order of August 21, 2023 passed by the Tribunal.
