Show basis of plea, HC tells Wankhede
Asks EX-NCB officer how plea is relevant here when the notices challenged were issued in Delhi
MUMBAI: The Bombay high court on Thursday asked former Narcotics Control Bureau (NCB) zonal director and IRS officer Sameer Wankhede to demonstrate the maintainability of the petition he filed challenging the notices issued by the Narcotics Control Bureau. These notices were issued as part of a preliminary inquiry against him for alleged irregularities in two investigations he conducted during his tenure with the NCB.
A bench comprising Justice Revati Mohite Dere and Justice Manjusha Deshpande noted several overlaps in Wankhede’s petitions challenged before the Bombay high court and the Central Administrative Tribunal (CAT) in Delhi. The j udges emphasised that since t he probes against him by various agencies like the CBI and the ED were i n Delhi, Wankhede needed to prove the maintainability of his petition filed before the Bombay high court.
On April 1, the court barred the NCB from coercive action against Wankhede until April 10 amid fresh notices over alleged irregularities. Allegations include coercion in a Nigerian drug peddler’s arrest and charges against actress Sapna Pabbi in a drug case. Wankhede’s counsel clarified the CAT litigation pertained t o different inquiries, while NCB argued some notices overlapped. Chavan referenced a CAT order where NCB challenged Delhi bench’s jurisdiction despite the case arising in Mumbai.
The bench, after reviewing the objections recorded in the CAT order, directed the NCB to present its replies filed before the tribunal. “If you have objected to the jurisdiction, we will have to examine it; you cannot leave a person remediless like this,” the court remarked.
The court asked Chavan to provide a detailed chart of all proceedings before the tribunal for further examination, and adjourned the matter to April 23.