2015 (7) TMI 1080

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.... K.B.K.VASUKI, J. This Civil Miscellaneous Appeal is filed by Union of India, represented by Director of Enforcement against the order made in RP.No.36/2001 passed by the Appellate Tribunal for Foreign Exchange, New Delhi. 2.The respondent herein was issued with a show cause notice by way of memorandum dated 31.12.1999 by the Adjudicating Authority i.e., Assistant Director, Enforcement Direc....

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....by the respondent herein. 3.Questioning the legality, propriety and validity of the order of the Assistant Director, Revision Petition No.36/2001 was filed by the Director of Enforcement before the Appellate Tribunal for Foreign Exchange, New Delhi. The Tribunal after examining the records, found that the charge against the respondent herein was not proved by the prosecution and agreed with the....

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....irector of Enforcement to maintain the present appeal before this Court. It is contended herein that as the Director of Enforcement is not the aggrieved party, the officer is not authorised to file the present appeal. It is contended so by relying on the decision of the Hon'ble Supreme Court reported in (2007) 3 SCC (Cri) 531 (Mohtesham Mohd. Ismail v. Spl. Director, Enforcement Directorate an....

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....ion Appellate Board under that section and only the Central Government can file and prosecute an appeal against the order of the Appellate Board and not any other authority and therefore, the Director of Enforcement cannot be said to be aggrieved by the order of the Appellate Board merely because its order of adjudication has been set aside by the Appellate Board". The same was followed by the Pun....