2022 (5) TMI 241

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....rwalla, 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 Re.: WPA 8460 of 2020 The writ petition challe....

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....ity 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. It is submitted that the consequences of such adjudi....

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....(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 consequences being civil prison and prosecution. The facts of th....

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.... 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 not otherwise be given a go-by merely because of codification of princ....