2022 (5) TMI 241

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.... Bag, Mr. S. Banerjee, Mr. Amit Agarwalla, Mr. Anirudha Agarwalla   For the Respondent : Mr. Siddhartha Lahiri, Mr. Kaushik Dey For the CBI : Mr. Anirban Mitra ORDER In Re.: WPA 2038 of 2021 With CAN 1 of 2021 Let WPA 2038 of 2021 with CAN 1 of 2021 be detached from the WPA 8460 of 2020. Let WPA 2038 of 2021 with CAN 1 of 2021 be listed separately on 23rd March 2022. In R....

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.... petitioner would argue that the adjudicating authority did not follow the procedure prescribed in Rule 4(1) and 4(2) of the Adjudication Rules of the Foreign Exchange Management (Adjudication Proceedings and Appeal) Rules, 2000. It is also argued that by reason of such omission, the petitioner is seriously prejudiced in that he has no clear idea as to the subject matter or scope of the enquiry....

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.... of the respondents. Indeed as noted in the Natwar Singh's (supra) decision, the procedure before an adjudicating authority under the provisions of the Foreign Exchange Management Act read with the Rules of 2000 is unique unlike any other statutory quasi judicial inquiry. A twostage process is stipulated, most likely, given the huge civil consequences that would visit the noticee. The other con....

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.... of Patiala Vs. S.K. Sharma reported in 1996 AIR 1669. The two tier procedure under Rule 4 which warrants a preliminary enquiry to form an opinion before the process of actual adjudication, may have laudable objects given the very serious civil consequences. The need of demonstration of prejudice due to infraction of such procedure would still be necessary to vitiate the proceedings, and would ....