Delhi High Court directs Centre to fill up vacancies in Adjudicating Authority under PMLA

The Delhi High Court recently directed the Central government to fill up vacancies of members, administrative staff and working staff in the Adjudicating Authority under the Prevention of Money Laundering Act, 2002 (PMLA) [M/S Hamilton Housewares Pvt. Ltd v Directorate of Enforcement]..The order was passed by single-judge Justice Prathiba Singh after noticing the vacancy position at the level of chairman, members, as also administrative and working staff, in the Adjudicating Authority."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," the Court ordered.With regard to position of chairperson, the Court noted that the selection for the chairperson is underway and is likely to conclude shortly.As regards the administrative officer and registrar, the Court noted that in view of the recommendations of the Union Public Service Commission (UPSC) and also the lack of a sufficient number of applicants, appointments have not taken place despite the vacancy circulars having been issued. Same was the situation with respect to court masters, stenographers etc.If these vacancies cannot be filled up through fresh recruitment, the Ministry should take steps to fill up all these vacancies through alternate means, within one month, the Court ordered.The order was passed after examining affidavits filed by the Central government.The affidavits revealed 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 court master were also vacant, the Court noted..The Court while directing filling up of vacancies also observed that filling up vacancies as they exist today is not enough, rather there is a need to increase the manpower within the Adjudicating Authority, to enable the authority to function in an efficient manner..The Centre was, therefore, directed to keep in mind the quantum of cases before the Adjudicating Authority, whether the staff strength needs to be increased, and if so the vacancy circulars, which are to be issued after taking a decision on the increase in the staff strength..[Read Order]