PMLA Adjudicating Authority: Delhi High Court calls for need to increase manpower, fill up vacancies

The Delhi High Court this week observed that there is an “acute shortage” of staff and vacancies in senior positions at the Adjudicating Authority under the Prevention of Money Laundering Act (PMLA), 2002 and directed that the appointment process be expedited..Justice Pratibha M Singh, while hearing a bunch of petitions, perused the status of the manpower and staff at the level of Chairman, members and administrative and working staff at the Adjudicating Authority.The Court had previously directed the Centre to place on record pending cases and the various aspects related to the vacancies in positions of presiding officers and senior officials.After going through the affidavits placed on record, the Court said, “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.”The order further stated, “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.”.The number of cases filed at the Adjudicating Authority, as submitted to the Court, is as follows:January, 2019 to August, 2019 - 148 January, 2020 to August, 2020 - 130 January, 2021 to August, 2021 - 230.With respect to the Chairperson of the Authority, the Centre had submitted that the selection for the position was underway and was likely to conclude soon..In addition, for the positions of Member (Administration) and Member (Law), the proposal for issuance of vacancy circulars was 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,” the Court ordered.When it came to Administrative Officer and Registrar, the Court noted that in view of the recommendations of the Union Public Service Commission as also the lack of a sufficient number of applicants, it appeared that appointments didn’t happen despite issuance of vacancy circulars.“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,” it highlighted..The Court was informed by the Centre that the possibility of posting some officials from other departments to meet the exigency could be explored.“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,” noted the order.The government was further directed by the Court to consider whether the staff strength ought to be increased. If yes, the Court said, the vacancy circulars 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,” it added..The matter will be heard next on November 30, 2021..[Read Order]