Urgent Fill Vacancies in Key Roles under PMLA to Address Staffing Shortages

The Court noted prolonged vacancies in key positions within the Adjudicating Authority under the Prevention of Money Laundering Act, 2002 (PMLA), such as the Chairman and Registrar roles. It highlighted the increased workload and directed expedited filling of vacancies for essential positions within three months. Specific directions were issued to the Government to address staffing shortages promptly, including assessing additional staff requirements based on workload. The Court also scheduled further proceedings and requested a status report on appointments and vacancies within two months for ongoing monitoring.

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Issues:
1. Vacancies in the Adjudicating Authority under the Prevention of Money Laundering Act, 2002 (PMLA).
2. Filling of vacant positions and increasing manpower within the Adjudicating Authority.
3. Status of cases filed before the Adjudicating Authority.
4. Directions issued by the Court regarding filling up of vacancies and increasing staff strength.
5. Exchange of affidavits and scheduling of further proceedings.

Issue 1: Vacancies in the Adjudicating Authority under the PMLA

The Court noted the vacancies in various positions within the Adjudicating Authority, including the Chairman, Members, Administrative Officer, Registrar, and working staff. The affidavit presented detailed information on the sanctioned strength, positions filled, and remarks on vacancies. The Court highlighted the prolonged vacancies, such as the Chairman's position vacant for over a year and the Registrar position vacant for more than five years.

Issue 2: Filling of vacant positions and increasing manpower within the Adjudicating Authority

The Court emphasized the substantial workload at the Adjudicating Authority and the acute shortage of staff members, including key positions like Chairperson, Member (Administration), and Member (Law). Directions were issued to expedite the selection process for the Chairperson and to fill vacancies within three months for Member (Administration) and Member (Law). The Court also directed the Government to explore alternative means to fill vacancies if recruitment processes faced delays.

Issue 3: Status of cases filed before the Adjudicating Authority

The Court reviewed the number of cases filed before the Adjudicating Authority for comparative analysis from 2019 to 2021. The data presented showed an increase in cases over the years, indicating a growing workload for the Authority.

Issue 4: Directions issued by the Court regarding filling up of vacancies and increasing staff strength

The Court issued specific directions to address the vacancies and increase the staff strength within the Adjudicating Authority. It mandated the Government to take steps to fill vacancies within a specified timeline, considering the critical roles of Administrative Officer, Registrar, Court Masters, and working staff. The Court also highlighted the need to assess if additional staff was required based on the workload.

Issue 5: Exchange of affidavits and scheduling of further proceedings

The Court directed the exchange of affidavits between the parties and scheduled further proceedings to conclude submissions on the writ petitions. Additionally, a status report on appointments and vacancies at the Adjudicating Authority was requested to be filed within two months for ongoing monitoring and assessment.

This comprehensive summary outlines the key issues addressed in the judgment, detailing the vacancies, directions issued by the Court, and the need to address staffing shortages within the Adjudicating Authority under the PMLA.

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