AI Drafter 
TaxTMI 
TaxTMI 
2014 (8) TMI 1105
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....Standing Counsel for the respondent. 3. The petitioner was issued with a show cause notice dated 14.02.2011, by the respondent, on the basis of a complaint filed under Section 16(3) of the Foreign Exchange Management Act, 1999. The petitioner filed his reply to the show cause notice, on 27.12.2012. Thereafter, a notice of hearing was issued to the petitioner on 30.06.2014, calling upon him to appear for a personal hearing on 04.08.2014. Challenging the said notice, the petitioner has come up with the above writ petition. 4. The only ground on which the petitioner seeks a mandamus to direct the respondent to forbear from proceeding with the adjudication is that under Rule 4(3) of the Foreign Exchange Management (Adjudication Proceeding....
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....all notice dated 16.01.2013 was issued, listing the case for hearing on 23.03.2013. Though the counsel for the petitioner appeared, the respondent was on camp. 4. Another call notice dated 28.03.2013 was issued for a personal hearing on 18.04.2013. The counsel for the petitioner sought adjournment. 5. On 19.04.2013 another call notice was issued fixing the hearing on 31.06.2013. 6. On 03.06.2013 the counsel for the petitioner appeared and sought permission to cross-examine mahazar witness and the officers who were present at the place of seizure. 7. The order dated 06.06.2013 was challenged by the petitioner in W.P.No.18096 of 2013. But the writ petition was dismissed on 30.08.2013. The petitioner filed a....
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....tion of the Act, the Adjudicating Authority shall, issue a notice to such person requiring him to show cause within such period as may be specified in the notice (being not less than ten days from the date of service thereof) why an inquiry should not be held against him. (2) Every notice under sub-rule (1) to any such person shall indicate the nature of contravention alleged to have been committed by him. (3) After considering the cause, if any, shown by such person, the Adjudicating Authority is of the opinion that an inquiry should be held, he shall issue a notice fixing a date for the appearance of that person either personally or through his legal practitioner or a chartered accountant duly authorised by him. ....
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....doing so. (8) If, upon consideration of the evidence produced before the Adjudicating Authority, the Adjudicating Authority is satisfied that the person has committed the contravention, he may, be order in writing, impose such penalty as he thinks fit, in accordance with provisions of Sec. 13 of the Act. (9) Every order made under sub-rule (8) of the rule 4 shall specify the provisions of the Act or of the rules, regulations, notifications, direction or orders or any condition subject to which an authorisation is issued by the Reserve Bank of India in respect of which contravention has taken place and shall contain 2[***] reasons for such decisions. (10) Every order made under sub-rule (8) shall be dated and signe....
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....eme of Section 4 actually provides opportunities at the every stage to the noticee. The forming of an opinion at the stage of show cause notice and receipt of reply, as provided in sub-rule (3) of Rule 4, is almost akin to the forming of an opinion by a disciplinary authority to hold or not an enquiry, upon receipt of a reply to a charge memo in a disciplinary proceeding. Therefore, I do not think that there is any scope for expanding Rule 4(3) to mean that the forming of the opinion as required in Rule 4(3) has to be reflected by an order in writing containing reasons. The interpretation given by the Division Bench of the Bombay High Court to the expression "opinion" appears to be very elastic. 11. Be that as it may, the petitioner had ....