BREAKING: SET’s findings won’t be relied upon in Sameer Wankhede’s departmental enquiry, Delhi HC clarifies [Read Order]

NEW DELHI: Findings of the Special Enquiry Team (SET) in case of Sameer Wankhede, former zonal director of Mumbai unit of Narcotics Control Bureau, will not be relied upon in the departmental enquiry against him, the Delhi High Court clarified today. 

“Learned counsel for the respondents can have no objection to this limited request as it is trite law that the findings of a preliminary enquiry cannot be used for indicting an employee in a departmental enquiry”, a bench of Justices Rekha Palli and Shallinder Kaur pointed out. 

The court was considering Wankhede’s appeal against an order passed by the Central Administrative Tribunal Central Administrative Tribunal which refused to quash the SET’s findings. 

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During the hearing, Senior Advocates Viraj Dass along with advocates Atul and Shadab Anwar, appearing for the petitioner submitted that instead of pressing the present petition, the petitioner would be satisfied if the findings of the SET will not be used against the petitioner in the departmental enquiry against him. 

Regarding this aspect, the Court noted that the same was already clarified by the Tribunal in its order dated August 21, 2023 which reads as under:

“However, taking note of the arguments of the respondents that impugned SET report is preliminary in nature and the respondent Nos. 1 or 5 have to take independent decision regarding the action to be taken against the applicant, we are of the opinion that the interest of justice would be subserved by directing the respondent Nos. 1 or 5 to grant personal hearing to the applicant before initiating any action against him on the basis of the impugned SET report and the decision so taken shall be communicated to him by passing a reasoned and speaking order”.
On these grounds, the Court disposed of the plea.

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“In the light of the aforesaid, the writ petition along with all accompanying applications is disposed of as not pressed by clarifying that the evidence recorded in the SET will not be relied upon in the departmental enquiry which may be held against the petitioner as per law”. 

On August 21, 2023, the CAT noted a Special Enquiry Team (SET), constituted by the NCB, was formed to look into the allegations in the manner in which Wankhede had conducted the raid/investigation into the Cordelia Cruise case. In its order, the Tribunal had noted that SET was headed by Gyaneshwar Singh, who was the deputy director general, Northern Region (NCB), when the case was registered.

[Read Order]