G.Gopalakrishnan vs The Deputy Director
In fact, in the decision of the Delhi High Court in "J.Sekar
versus Union of India & others, etc." (cited supra) relied upon
by both learned Senior Counsel for the petitioners and learned
Addl.Solicitor General for respondents, it was held that less than
three Member Adjudicating Authority is permissible under PMLA.
The Delhi High Court held that there can be a single Member of
Adjudicating Authority and appellate Tribunal under PMLA and
such single Member Bench need not mandatorily have judicial
members and can be administrative members as well. This case
was relied upon by the learned Addl.Solicitor General for the
purpose of contending that the issue of coram non-judice is not a
valid argument in the teeth of various provisions which explicitly
provide for formation of single Member Bench. This Court is in
agreement with the submission made by the learned Addl.Solicitor
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General that it is not mandatory to have three Member Bench all
the time for all adjudication purposes. It is up to the Chairperson
of the Adjudicating Authority to form Bench containing one or two
Members as it deems fit in order to adjudicate the cases which are
placed for consideration before the Authority.