Delhi High Court
Alok Industries Limited vs Assistant Director, Enforcement ... on 30 November, 2021
Digitally Signed By:DEVANSHU
JOSHI
Signing Date:02.12.2021 17:46:15
$~19
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 30th November, 2021
+ W.P.(C) 4680/2021
ALOK INDUSTRIES LIMITED ..... Petitioner
Through: Ms. Pallavi Pratap, Advocate.
versus
ASSISTANT DIRECTOR, ENFORCEMENT
DIRECTORATE ..... Respondent
Through: Mr. Amit Mahajan, CGSC with Ms.
Ananya Khanna, Advocate.
(M:9910038067)
CORAM:
JUSTICE PRATHIBA M. SINGH
Prathiba M. Singh, J. (Oral)
1. 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
Digitally Signed By:DEVANSHU
JOSHI
Signing Date:02.12.2021 17:46:15
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
Digitally Signed By:DEVANSHU
JOSHI
Signing Date:02.12.2021 17:46:15
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:
"
S. No. Name of post Recent Development
1. Chairperson One of the Members of the
Adjudicating Authority shall be
appointed as its Chairperson, in
this regard, a Selection Committee
under the Chairmanship of RS met
on 28.09.2021 and recommended
one officer for the post of
Chairperson in AA-PMLA. We
have also taken approval of
Finance Minister regarding
appointment of the officer as
Chairperson. File is to be
submitted for ACC approval.
2. Member Vacancy circular has been
(Administration) published in the Employment News
in their subscription dated 9th Oct-
15th Oct, 2021. The advertisement
has also uploaded on the
Department of Revenue official
website. Last date for applying the
post is 7th Dec, 2021. We have
received 7 applications so far.
Digitally Signed By:DEVANSHU
JOSHI
Signing Date:02.12.2021 17:46:15
3. Member (Law) Vacancy circular has been
published in the Employment News
in their subscription dated 9th Oct-
15th Oct, 2021. The advertisement
has also uploaded on the
Department of Revenue official
website. Last date for applying the
post is 7th Dec, 2021. We have
received 21 applications so far.
4. Administrative Law Vacancy circular has been
Officer published in the Employment News
in their subscription dated 9th Oct-
22nd Oct, 2021. The advertisement
has also uploaded on the
Department of Revenue official
website. Last date for applying the
post is 14th Dec, 2021. We have
received 2 applications so far.
However, presently, Shri Amar
Singh, an officer of CBDT has been
given the additional charge of
Administrative officer till the filling
of regular vacancy of AO.
5. Registrar Vacancy circular has been
published in the Employment News
in their subscription dated 9th Oct-
15th Oct, 2021. The advertisement
has also uploaded on the
Department of Revenue official
website. Last date for applying the
post is 7th Dec, 2021. We have
received 4 applications so far.
"
4. Let the status of the appointments set out above, be placed on record
Digitally Signed By:DEVANSHU
JOSHI
Signing Date:02.12.2021 17:46:15
by way of an affidavit with the latest updates, by 15th December, 2021.
5. List on 21st December, 2021. This is a part heard matter.
PRATHIBA M. SINGH, J
NOVEMBER 30, 2021
dj/Ak
