Full Text
HIGH COURT OF DELHI
Date of Decision: 28th September, 2021
M/S HAMILTON HOUSEWARES PVT. LTD. ..... Petitioner
Through: Mr. Rahul Jain, Advocate.
Through: Mr. Varun Agarwal on behalf of Ravi Prakash, CGSC with Mr. Gurtejpal Singh, Advocate & Mr. Deepak Chauhan, Deputy Director (ED)
JUDGMENT
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 2021:DHC:3070 W.P.(C) 5235/2020 & connected matters 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. 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. 26 WITH + W.P.(C) 5657/2020 ORBIT EXPORTS LTD...... Petitioner Through: Mr. Ajay Bhargava, Mr. Aseem
VERSUS
DIRECTORATE OF ENFORCEMENT..... Respondent Through: Mr. Amit Mahajan, CGSC with Ms. 27 WITH W.P.(C) 5235/2020 & connected matters + 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 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. W.P.(C) 5235/2020 & connected matters 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. 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. 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. 33 WITH + W.P.(C) 7210/2020 PROMPT INTERNATIONAL..... Petitioner Through: Mr. Ajay Bhargava, Mr. Aseem
VERSUS
DIRECTORATE OF ENFORCEMENT..... Respondent Through: Mr. Varun Agarwal on behalf of Ravi Prakash, CGSC with Mr. Gurtejpal 2021:DHC:3070 W.P.(C) 5235/2020 & connected matters 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. 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. 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 2021:DHC:3070 W.P.(C) 5235/2020 & connected matters 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 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 │ │ W.P.(C) 5235/2020 & connected matters Page 6 of 11 │ │ 2021:DHC:3070 │ │ 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. │ │ ” │ │ W.P.(C) 5235/2020 & connected matters Page 7 of 11 │ │ 2021:DHC:3070 │ │ 3. This Court had further enquired from Mr. Ravi Prakash, ld. CGSC, as │ └─────────────────────────────────────────────────────────────────────────────────────────┘
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: “
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. Sr. No. Name of Post Name of Officer Date of Appointment Completing the tenure/ vacant w.e.f.
1 Chairperson Shri Vinodanand Jha (Acting Chairperson) 14.02.2021 22.06.2023 2 Member (Administration) & Chairperson Vacant - 31.08.2020
3 Member (Law) Vacant - 14.02.2021 4 Member (Finance or Accountancy) Shri Vinodanand Jha 24.10.2018 22.06.2023 (65 Years)
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 W.P.(C) 5235/2020 & connected matters 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