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Judgment
Prathiba M. Singh, J
This hearing has been done through video conferencing.
Pursuant to order dated 2nd September 2021, the situation of the manpower and staff, at the level of Chairman, Members, as also administrative and working staff, in the Adjudicating Authority, under the Prevention of Money Laundering Act, 2002 (hereinafter referred as "PMLA"), as on 1st September, 2021, was placed on record on 8th September, 2021 in W.P.(C) 9384/2020. As per the said affidavit, the following is the position in respect of various vacancies in the Adjudicating Authority.
Sl.
No.
Post
Sanctioned Strength
In Position
Remarks
(A) Members
1.
Chairman
1
Vacant
Vacant since
1.9.2020 (more than a year)
2.
Members
2
1
Vacant since 15.2.2021 (more
than six months)
(B) Administrative Officer/Registrar
3.
Administrative Officer
1
Vacant
Vacant since 29.7.2020 (more
than one year) which is (Pay
Level-11) post.
4.
Registrar
1
Vacant
The post has been lying vacant for more than 5 years. The work is looked after by one of officer in the pay level-10. At present, Sh. Amar Singh, AO has been looking after the work for last one year as additional
charge.
(C) Working Staff
5.
Assistant
1
1
-
6.
Court Master
1
Vacant
Post has been lying vacant.
7.
Stenographers
4
4*
There is no regular appointment. The work is being taken from outsourced staff through
Contractor.
(D) MTS/Peons
8.
MTS (Peons)
4
4*
There is no regular appointment. The work is being taken from outsourced staff through
Contractor.
This Court had further enquired from Mr. Ravi Prakash, ld. CGSC, as to the number of cases which were filed before the Adjudicating Authority during January to August, as a comparator, to which, he had submitted the following:
January, 2019 to August, 2019 = 148
January, 2020 to August, 2020 = 130
January, 2021 to August, 2021 = 230
Upon perusing the affidavit filed, as also hearing the submission of ld. CGSC on this aspect, this Court had, vide the last order dated 13th September 2021, directed the concerned Joint Secretary (Revenue), Ministry of Finance, Government of India, to file an affidavit stating the following facts:
"(a) As to whether the status of vacant positions in the Adjudicating Authority, as mentioned in today's order are correct and if so since when the said vacancies have existed;
(b) As to what steps are being taken for filling this vacancies, especially Administrative Officers, Registrars, working staff etc.; and
(c) As to what is the stipulated time schedule for filling up the said vacancies."
Further to the last order, a further affidavit has been filed, which has been deposed by Sh. Ritvik Pandey, Joint Secretary (Revenue) of the Ministry of Finance, wherein the position in respect of the Presiding Officers as also the Senior Officials, at the Adjudicating Authority under the PMLA, has been given as under:
Sr.
No.
Name of Post
Name of Officer
Date of
Appointment
Completing the tenure/ vacant w.e.f.
1
Chairperson
Shri Vinodanand Jha (Acting Chairperson)
14.02.2021
22.06.2023
2
Member (Administration) & Chairperson
Vacant
-
31.08.2020
3
Member (Law)
Vacant
-
14.02.2021
4
Member (Finance or Accountancy)
Shri Vinodanand Jha
24.10.2018
22.06.2023
(65 Years)
5
Administrative Officer
Vacant
-
13.04.2020
6
Registrar
Vacant
-
Since the
creation of Post w.e.f. 20.08.2010
From the above affidavit that has been filed on record in WP(C) 4680/2021, it is clear that the current quantum of work at the Adjudicating Authority is quite substantial. There is an acute shortage of staff members as also vacancies at the level of the Chairperson, Member (Administration) and Member (Law). The positions of the Administrative Officer, Registrar, and the Court Master are all vacant.
Considering the fact that benches of the Adjudicating Authority hold hearings, and the quantum of cases is considerable, it is not sufficient to merely fill up the vacancies as they exist today, but there is also a need to increase the manpower within the Adjudicating Authority, in order to enable the authority to function in an efficient manner. Accordingly, the following directions are issued:
(i) Insofar as the Chairperson is concerned, it is submitted by Mr. Mahajan, ld. CGSC, under instructions from Mr. Pandey, that the selection for the Chairperson is underway and is likely to conclude shortly.
(ii) For the positions of Member (Administration) and Member (Law), the proposal for issuance of vacancy circulars is stated to be under consideration. Since these positions have been vacant for a considerable period of time, the Government is directed to take steps for filling up the said posts, within a period of three months.
(iii) Insofar as the Administrative Officer and Registrar are concerned, in view of the recommendations of the UPSC, as also the lack of a sufficient number of applicants, it appears that appointments have not taken place despite the vacancy circulars having been issued. Even in respect of Court Masters and other staff, such as working staff and peons etc., they have also been retained on a contractual basis. Stenographers and Court Masters would be absolutely essential in the efficient functioning of the Adjudicating Authority. The ld. CGSC Mr. Amit Mahajan along with Mr. Ritvik Pandey submits that it may be possible to explore posting of some officials from other departments to meet the exigency. Thus, if these vacancies cannot be filled up through fresh recruitment, the Ministry shall take steps to fill up all these vacancies through alternate means, within a period of one month from today.
(iv) The Government would also consider, keeping in mind the quantum of cases before the Adjudicating Authority, as to whether the staff strength needs to be increased, and if so the vacancy circulars, which are to be issued, would be issued after taking a decision on the increase in the staff strength.
Let a fresh status report be filed in this regard, within a period of two months. The filing of status reports in respect of the steps taken for appointments and filling up of vacancies, shall henceforth be made in WP(C) 4680/2021.
Insofar as the present writ petitions and the disputes raised in respect of the freezing of bank accounts of the Petitioners, as also the decision of the Adjudicating Authority is concerned, fresh affidavits have been filed by Mr. Ravi Prakash, CGSC, for the Respondent, as also by the Petitioners in WP(C) 5713/2020. It however appears that copies of the said affidavits filed have not been exchanged amongst the parties concerned. Let copies be exchanged between ld. Counsel for the parties.
List for conclusion of submissions in all these petitions on 30th September, 2021 at 3:30 pm. List WP(C) 4680/2021 on 30th November, 2021 as well, to receive the status report as directed, pertaining to the issue of appointments and vacancies at the Adjudicating Authority under the PMLA. These are part-heard matters.