Delhi High Court
M/S Suprint Textiles Jaipur Pvt ... vs Union Of India & Anr. on 28 September, 2021
Digitally Signed By:DEVANSHU
JOSHI
Signing Date:30.09.2021 11:20:56
$~21 to 37
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 28th September, 2021
+ W.P.(C) 5235/2020
M/S HAMILTON HOUSEWARES PVT. LTD. ..... Petitioner
Through: Mr. Rahul Jain, Advocate.
versus
DIRECTORATE OF ENFORCEMENT ..... Respondent
Through: Mr. Varun Agarwal on behalf of Ravi
Prakash, CGSC with Mr. Gurtejpal
Singh, Advocate & Mr. Deepak
Chauhan, Deputy Director (ED)
22 WITH
+ W.P.(C) 2331/2021
PARAS IMPO EXPO PVT LTD ..... Petitioner
Through: Mr. Varun Singh, Mr. Kamlesh
Anand and Mr. Akash Deep Gupta,
Advocates.
versus
DIRECTORATE OF ENFORECEMENT & ANR. ..... Respondents
Through: Mr. Abhay Prakash Sahay, CGSC,
Mr. Mannu Singh, Ms.
Swayamprabha S, Mr. Rishi Salim &
Mr. Kunal Dhawan Advocates for R-
1.
Mr. Amit Mahajan, CGSC with Ms.
Ananya Khanna, Advocate.
23 WITH
+ W.P.(C) 4680/2021
ALOK INDUSTRIES LIMITED ..... Petitioner
Through: Mr. Ritin Rai, Sr. Advocate with Ms.
Petrushka Dasgupta, Ms. Nasrin
Shaikh and Mr. Vidit Mehra.
versus
ASSISTANT DIRECTOR, ENFORCEMENT DIRECTORATE
..... Respondent
W.P.(C) 5235/2020 & connected matters Page 1 of 11
Digitally Signed By:DEVANSHU
JOSHI
Signing Date:30.09.2021 11:20:56
Through: Mr. Amit Mahajan, CGSC with Ms.
Ananya Khanna, Advocate & Mr.
Ritvik Pandey, Joint Secretary
(Revenue), Ministry of Finance, GOI.
24 WITH
+ W.P.(C) 5424/2020
S.N. KAPOOR EXPORTS ..... Petitioner
Through: Mr. Ajay Bhargava, Mr. Aseem
Chaturvedi, Mr. Arvind Kumar Ray
and Mr. Karan Gutpa, Advocates.
versus
DIRECTORATE OF ENFORCEMENT ..... Respondent
Through: Mr. Amit Mahajan, CGSC with Ms.
Ananya Khanna, Advocate.
Mr. Deepak Singh, Advocate for
ICICI Bank.
25 WITH
+ W.P.(C) 5643/2020
SNB ENTERPRISES PVT. LTD. ..... Petitioner
Through: Dr. Surat Singh and Ms. Priya Singh,
Advocates.
versus
DIRECTORATE OF ENFORCEMENT & ANR. ..... Respondents
Through: Mr. Amit Mahajan, CGSC with Ms.
Ananya Khanna, Advocate.
26 WITH
+ W.P.(C) 5657/2020
ORBIT EXPORTS LTD. ..... Petitioner
Through: Mr. Ajay Bhargava, Mr. Aseem
Chaturvedi, Mr. Arvind Kumar Ray
and Mr. Karan Gutpa, Advocates.
versus
DIRECTORATE OF ENFORCEMENT ..... Respondent
Through: Mr. Amit Mahajan, CGSC with Ms.
Ananya Khanna, Advocate.
27 WITH
W.P.(C) 5235/2020 & connected matters Page 2 of 11
Digitally Signed By:DEVANSHU
JOSHI
Signing Date:30.09.2021 11:20:56
+ W.P.(C) 5671/2020
SHANTIVIJAY JEWELS LTD. ..... Petitioner
Through: Mr. Gaurav Nair and Ms. Pranati
Bhatnagar, Advocates.
(M:9810069969)
versus
DIRECTORATE OF ENFORCEMENT ..... Respondent
Through: Mr. Varun Agarwal on behalf of Ravi
Prakash, CGSC with Mr. Gurtejpal
Singh, Advocate & Mr. Deepak
Chauhan, Deputy Director (ED)
28 WITH
+ W.P.(C) 5713/2020
J K TYRE AND INDUSTRIES LTD. ..... Petitioner
Through: Mr. Sidharth Luthra, Sr. Advocate
with Ms. Alina Arora, Ms. Nimrah
Sameen Alvi, Mr. Parth Singh, Mr.
Sheezan Hashmi & Mr. Anmol Kheta,
Advocates.
versus
DIRECTORATE OF ENFORCEMENT ..... Respondent
Through: Mr. Varun Agarwal on behalf of Ravi
Prakash, CGSC with Mr. Gurtejpal
Singh, Advocate & Mr. Deepak
Chauhan, Deputy Director (ED)
29 WITH
+ W.P.(C) 5797/2020
MAXIS INDUSTRIES ..... Petitioner
Through: Mr. Varun Singh, Mr. Kamlesh
Anand and Mr. Akash Deep Gupta,
Advocates.
versus
DIRECTORATE OF ENFORCEMENT & ANR. ..... Respondents
Through: Mr. Manish Mohan, CGSC with Ms.
Manisha Saroha, Advocate for R-1.
Mr. Amit Mahajan, CGSC with Ms.
Ananya Khanna, Advocate.
W.P.(C) 5235/2020 & connected matters Page 3 of 11
Digitally Signed By:DEVANSHU
JOSHI
Signing Date:30.09.2021 11:20:56
30 WITH
+ W.P.(C) 5855/2020
SHRI VISHWANATH OVERSEAS ..... Petitioner
Through: Mr. Awanish Kumar, Advocate.
versus
DIRECTORATE OF ENFORCEMENT ..... Respondent
Through: Mr. Amit Mahajan, CGSC with Ms.
Ananya Khanna, Advocate.
31 WITH
+ W.P.(C) 6499/2020
KP SANGHVI AND SONS LLP & ANR. ..... Petitioners
Through: Mr. Susmit Pushkar, Mr. Gaurav
Sharma and Ms. Bhavna Mishra,
Advocates.
versus
DIRECTORATE OF ENFORCEMENT ..... Respondent
Through: Mr. Amit Mahajan, CGSC with Ms.
Ananya Khanna, Advocate.
32 WITH
+ W.P.(C) 7034/2020
M/S. BLOSSOM FABRICS LIMITED ..... Petitioner
Through: Mr. Vivek Sharma, Advocate.
versus
DIRECTORATE OF ENFORCEMENT ..... Respondent
Through: Mr. Amit Mahajan, CGSC with Ms.
Ananya Khanna, Advocate.
33 WITH
+ W.P.(C) 7210/2020
PROMPT INTERNATIONAL ..... Petitioner
Through: Mr. Ajay Bhargava, Mr. Aseem
Chaturvedi, Mr. Arvind Kumar Ray
and Mr. Karan Gutpa, Advocates.
versus
DIRECTORATE OF ENFORCEMENT ..... Respondent
Through: Mr. Varun Agarwal on behalf of Ravi
Prakash, CGSC with Mr. Gurtejpal
W.P.(C) 5235/2020 & connected matters Page 4 of 11
Digitally Signed By:DEVANSHU
JOSHI
Signing Date:30.09.2021 11:20:56
Singh, Advocate & Mr. Deepak
Chauhan, Deputy Director (ED)
34 WITH
+ W.P.(C) 7801/2020
M/S MAYA TRADES ..... Petitioner
Through: Mr. Gaurav Gupta and Mr. Samyak
Gangwal, Advocates.
versus
DIRECTORATE OF ENFORCEMENT ..... Respondent
Through: Mr. Amit Mahajan, CGSC with Ms.
Ananya Khanna, Advocate.
35 WITH
+ W.P.(C) 7835/2020
EASTMAN INDUSTRIES LIMITED ..... Petitioner
Through: Mr. Rahul Jain and Mr. Shubankar
Jha, Advocates
versus
DIRECTORATE OF ENFORCEMENT NEW DELHI ... Respondent
Through: Mr. Amit Mahajan, CGSC with Ms.
Ananya Khanna, Advocate.
36 WITH
+ W.P.(C) 9384/2020
M/S SUPRINT TEXTILES JAIPUR PVT LTD ..... Petitioner
Through: None.
versus
UNION OF INDIA & ANR. ..... Respondents
Through: Mr. Ajay Digpaul, CGSC and Mr.
Kamal R Digpaul, Advocate for UOI.
Mr. Varun Agarwal on behalf of Ravi
Prakash, CGSC with Mr. Gurtejpal
Singh, Advocate & Mr. Deepak
Chauhan, Deputy Director (ED)
37 AND
+ W.P.(C) 9922/2021
M/S SUKU INNOVATIVES ..... Petitioner
W.P.(C) 5235/2020 & connected matters Page 5 of 11
Digitally Signed By:DEVANSHU
JOSHI
Signing Date:30.09.2021 11:20:56
Through: Mr. Varun Singh, Mr. Kamlesh
Anand and Mr. Akash Deep Gupta,
Advocates.
versus
DIRECTORATE OF ENFORCEMENT & ANR. ..... Respondents
Through: Mr. Varun Agarwal on behalf of Ravi
Prakash, CGSC with Mr. Gurtejpal
Singh, Advocate & Mr. Deepak
Chauhan, Deputy Director (ED)
CORAM:
JUSTICE PRATHIBA M. SINGH
Prathiba M. Singh, J. (Oral)
1. This hearing has been done through video conferencing.
2. Pursuant to order dated 2nd September 2021, the situation of the
manpower and staff, at the level of Chairman, Members, as also
administrative and working staff, in the Adjudicating Authority, under the
Prevention of Money Laundering Act, 2002 (hereinafter referred as
"PMLA"), as on 1st September, 2021, was placed on record on 8th
September, 2021 in W.P.(C) 9384/2020. As per the said affidavit, the
following is the position in respect of various vacancies in the Adjudicating
Authority.
"
Sl. Post Sanctioned In Remarks
No. Strength Position
(A) Members
1. Chairman 1 Vacant Vacant since
1.9.2020 (more
than a year)
2. Members 2 1 Vacant since
15.2.2021 (more
Digitally Signed By:DEVANSHU
JOSHI
Signing Date:30.09.2021 11:20:56
than six months)
(B) Administrative Officer/Registrar
3. Administrative 1 Vacant Vacant since
Officer 29.7.2020 (more
than one year)
which is (Pay
Level-11) post.
4. Registrar 1 Vacant The post has been
lying vacant for
more than 5 years.
The work is looked
after by one of
officer in the pay
level-10. At
present, Sh. Amar
Singh, AO has been
looking after the
work for last one
year as additional
charge.
(C) Working Staff
5. Assistant 1 1 -
6. Court Master 1 Vacant Post has been lying
vacant.
7. Stenographers 4 4* There is no regular
appointment. The
work is being taken
from outsourced
staff through
Contractor.
(D) MTS/Peons
8. MTS (Peons) 4 4* There is no regular
appointment. The
work is being taken
from outsourced
staff through
Contractor.
"
Digitally Signed By:DEVANSHU
JOSHI
Signing Date:30.09.2021 11:20:56
3. This Court had further enquired from Mr. Ravi Prakash, ld. CGSC, as
to the number of cases which were filed before the Adjudicating Authority
during January to August, as a comparator, to which, he had submitted the
following:
January, 2019 to August, 2019 = 148
January, 2020 to August, 2020 = 130
January, 2021 to August, 2021 = 230
4. Upon perusing the affidavit filed, as also hearing the submission of ld.
CGSC on this aspect, this Court had, vide the last order dated 13th
September 2021, directed the concerned Joint Secretary (Revenue), Ministry
of Finance, Government of India, to file an affidavit stating the following
facts:
"(a) As to whether the status of vacant positions in the
Adjudicating Authority, as mentioned in today's order are
correct and if so since when the said vacancies have
existed;
(b) As to what steps are being taken for filling this
vacancies, especially Administrative Officers, Registrars,
working staff etc.; and
(c) As to what is the stipulated time schedule for filling up
the said vacancies."
5. Further to the last order, a further affidavit has been filed, which has
been deposed by Sh. Ritvik Pandey, Joint Secretary (Revenue) of the
Ministry of Finance, wherein the position in respect of the Presiding
Officers as also the Senior Officials, at the Adjudicating Authority under the
PMLA, has been given as under:
Digitally Signed By:DEVANSHU
JOSHI
Signing Date:30.09.2021 11:20:56
Sr. Name of Post Name of Date of Completing
No. Officer Appointment the tenure/
vacant w.e.f.
1 Chairperson Shri 14.02.2021 22.06.2023
Vinodanand
Jha (Acting
Chairperson)
2 Member Vacant - 31.08.2020
(Administration) &
Chairperson
3 Member (Law) Vacant - 14.02.2021
4 Member (Finance Shri 24.10.2018 22.06.2023
or Accountancy) Vinodanand (65 Years)
Jha
5 Administrative Vacant - 13.04.2020
Officer
6 Registrar Vacant - Since the
creation of
Post w.e.f.
20.08.2010
"
6. From the above affidavit that has been filed on record in WP(C)
4680/2021, 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.
Digitally Signed By:DEVANSHU
JOSHI
Signing Date:30.09.2021 11:20:56
7. 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. Accordingly, the following
directions are issued:
(i) Insofar as the Chairperson is concerned, it is submitted by Mr.
Mahajan, ld. 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 ld. 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
Digitally Signed By:DEVANSHU
JOSHI
Signing Date:30.09.2021 11:20:56
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.
8. 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, shall henceforth be made in
WP(C) 4680/2021.
9. Insofar as the present writ petitions and the disputes raised in respect
of the freezing of bank accounts of the Petitioners, as also the decision of the
Adjudicating Authority is concerned, fresh affidavits have been filed by Mr.
Ravi Prakash, CGSC, for the Respondent, as also by the Petitioners in
WP(C) 5713/2020. It however appears that copies of the said affidavits filed
have not been exchanged amongst the parties concerned. Let copies be
exchanged between ld. Counsel for the parties.
10. List for conclusion of submissions in all these petitions on 30th
September, 2021 at 3:30 pm. List WP(C) 4680/2021 on 30th November,
2021 as well, to receive the status report as directed, pertaining to the issue
of appointments and vacancies at the Adjudicating Authority under the
PMLA. These are part-heard matters.
PRATHIBA M. SINGH, J.
SEPTEMBER 28, 2021/dk/Ak
