Delegated appellate order treated as principal's own order, barring the Chief Controller's appeal under import control law.

Section 4M of the Imports and Exports (Control) Act, 1947 allows an appeal only by a person aggrieved by an order made under the Act. Where the Additional Chief Controller heard the matter as a delegate of the Chief Controller under Clause 10(2) of the Imports (Control) Order, 1955 and the relevant notification, the appellate order was treated in law as the order of the principal authority itself. On that footing, the Chief Controller could not maintain an appeal before the Central Government against what was deemed to be its own delegated order, and the appellate order was liable to be set aside.

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Issues: Whether the Chief Controller of Imports and Exports could maintain an appeal under Section 4M of the Imports and Exports (Control) Act, 1947 against an order passed by the Additional Chief Controller of Imports and Exports acting as an appellate authority under the Imports (Control) Order, 1955.

Analysis: Section 4M permits an appeal by a person aggrieved from an order made under the Act. Clause 10(2) of the Imports (Control) Order, 1955, read with the notification constituting appellate authorities, shows that the Additional Chief Controller heard the appeal as a delegate of the Chief Controller. An order made by the delegate in exercise of that delegated appellate power is, in legal effect, the order of the principal. The scheme of the Act does not contemplate one departmental authority preferring an appeal against an order which, for this purpose, is treated as its own order.

Conclusion: The Chief Controller was not competent to file the appeal before the Central Government against the order of the Additional Chief Controller, and the impugned appellate order was liable to be set aside.

Ratio Decidendi: Where an appellate authority acts as a delegate of the principal authority, its order is treated as that of the principal, and the principal cannot maintain an appeal under a provision confined to a person aggrieved against its own delegated order.

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