The court emphasized the need for efficient functioning of the Adjudicating Authority under the PMLA and directed the government to take steps to fill up vacant positions within specified timeframes.

JUDGMENT

Prathiba M. Singh, J. - This hearing has been done in physical Court. Hybrid mode is permitted in cases where permission is being sought from the Court.

2. Vide order dated 28th September 2021, this Court had noticed, from the affidavit filed by the Ministry of Finance, that the quantum of work at the Adjudicating Authority under the PMLA is substantial, however there is an acute shortage of staff members and there are vacancies at the level of the Chairperson, Member (Administration) and Member (Law). This Court had also noticed that the positions of the Administrative Officer, Registrar and the Court Master are all vacant as well. Accordingly, keeping in mind the need of the Adjudicating Authority to function in an efficient manner, the following directions were issued:

(i) Insofar as the Chairperson is concerned, it is submitted by Mr. Mahajan, Id. 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 Id. 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.

A status report was directed to be filed within two months. Accordingly, this matter has been listed today for reporting compliance.

3. Today, Mr. Mahajan, ld. CGSC, appearing for the Respondents submits that a communication in respect of the said status has been received on 29th November 2021. The said communication dated 29th November, 2021 from the Government of India, Ministry of Finance, Department of Revenue (ES Cell), giving the status of the various appointments which are to be made at the adjudicating authority, has been shown to the Court. The same reads as under: