Delhi High Court directs ED to expeditiously fill up vacancies in Adjudicatory Authority under PMLA

The Delhi High Court recently directed the Adjudicatory Authority (AA) under the Prevention of Money Laundering Act (PMLA) to fill up vacant posts of Member (Administration), Member (Law) and Member (Finance or Accountancy) within a period of four months [Alok Industries vs. Asst. Director, ED]. .Single judge Justice Pratibha M Singh said that steps should also be taken to fill up the posts of administrative officer and registrar expeditiously. "...it is directed that steps shall be taken for filling up all the vacant posts, especially, Member (Administration), Member (Law) and Member (Finance or Accountancy) on an expeditious basis and in any case within a period of four months from today. Insofar as the posts of Administrative Officer and Registrar are concerned, steps shall also be taken to fill the said posts on an expeditious basis," Justice Singh ordered. .The Court was dealing with a plea which was a part of a batch of petitions that were disposed of in October, 2021.The lead matter in that batch of 17 petitions was titled 'J.K. Tyre and Industries v. Directorate of Enforcement'.The present matter was kept pending to receive a status report regarding the issue of appointments and vacancies in the Adjudicatory Authority under the PMLA.On May 31, 2022 an affidavit was filed by the Director HQ, Department of Revenue, on the current status of appointments..After examining the report, the Court observed that with regards to the posts of Member ( Administration) and Member (Law), vacancies had been advertised and meeting of the Selection Committee was also scheduled to be held. However, with regards to the posts of Administrative Officer and Registrar, the Court noted that the positions were still lying vacant. It noted that the post of Registrar had been 'abolished' and an application proposing the revival of the said post was moved by the Department of Expenditure with the UPSC. .Therefore, while disposing of the petition, the Court directed that steps shall be taken for filling up these vacant posts on an expeditious basis and in any case within a period of four months from the date of the order."Insofar as the posts of Administrative Officer and Registrar were concerned, steps shall also be taken to fill the said posts on an expeditious basis.".The order will now be placed before the Division Bench which is seized of the lead matters in this batch. .Advocates Pallavi Pratap, Shivam Goel, Petrusha Dasgupta, Mridul Yadav, and Nasrin Shaikh appeared for the petitioners. ED was represented through advocates Ravi Prakash, Farman Ali, Shruti, and Taha Yasin. .[Read Order]