2022 (6) TMI 1499 - HC - Money Laundering

Petition Withdrawn; Court Orders Quick Filling of Adjudicatory Authority Vacancies Under PMLA in Four Months.

The petitioner withdrew the petition, leading to its dismissal. The Court directed the expeditious filling of vacancies in the Adjudicatory Authority ... Seeking to withdraw the present petition - Status of appointments and vacancies in the Adjudicatory Authority under the PMLA - HELD THAT:- As far as the posts of Member (Administration) and Member (Law) are concerned, vacancies have been advertised and the meeting of the Selection Committee is to be held. The posts of Administrative Officer and Registrar are still vacant. However, two officials from other Departments have been posted on these posts. Insofar as the post of Member (Finance or Accountancy) is concerned, the said position has also fallen vacant due to the fact that Shri. Vinodanand Jha, who was earlier holding the said position has been appointed as Chairperson, AA-PMLA. Since the main petition has been dismissed as withdrawn, let the present order be placed before the ld. Division Bench which is currently dealing in DIRECTORATE OF ENFORCEMENT VERSUS JK TYRE AND INDUSTRIES LTD [2022 (2) TMI 1462 - DELHI HIGH COURT] which was the lead matter in the batch matters which this Court was hearing along with the present writ petition. The Respondent shall place the next Status Report before the ld. Division Bench. This matter need not be listed further and is dismissed as withdrawn. Issues:1. Withdrawal of the petition by the petitioner2. Status of appointments and vacancies in the Adjudicatory Authority under the PMLA3. Efforts made for filling vacant positions in the Adjudicatory Authority4. Directions for filling up vacant posts expeditiously5. Revival of the post of Registrar in AA-PMLAAnalysis:1. The petitioner expressed the wish to withdraw the petition, leading to its dismissal as withdrawn.2. The petition was part of a batch disposed of by the Court earlier, with the present matter kept pending to receive the status report on appointments and vacancies in the Adjudicatory Authority under the PMLA. Various status reports were filed by the Respondent regarding steps taken to fill vacancies.3. Efforts were made to fill vacant positions in the Adjudicatory Authority, with vacancy circulars published, applications received, and Selection Committee meetings arranged for Member (Administration) and Member (Law). The posts of Administrative Officer and Registrar remained vacant, with officials from other departments temporarily filling these positions.4. The Court directed steps to be taken for filling up all vacant posts, especially Member (Administration), Member (Law), and Member (Finance or Accountancy) within four months. Efforts were also to be made to fill the posts of Administrative Officer and Registrar expeditiously.5. The post of Registrar was categorized as 'abolished,' with an application moved for revival. If the post is required, a new application for revival must be submitted within four months. The order was to be placed before the Division Bench handling related matters for further action.This judgment primarily focused on the withdrawal of the petition, the status of appointments and vacancies in the Adjudicatory Authority under the PMLA, efforts made to fill vacant positions, and specific directions for expeditiously filling up the vacancies, including the revival of the post of Registrar in AA-PMLA.