TaxTMI 
TaxTMI 
2022 (12) TMI 1110
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....sue a writ of mandamus commanding the respondents 2 and 3 to issue a copy of the order applied for in Ext.P4 within a reasonable time to be fixed by this Hon'ble Court." 2. Exhibit P3(a) is a letter dated 26.8.2019, wherein it is contended that adjudication has already been done by the Adjudicating Authority. Exhibit P4 is a letter written by writ petitioner/appellant to the Director of Enforcement, Ernakulam seeking copy of the adjudication order. As the copy of the order has not been furnished, writ petition has been filed for the above said prayer. 3. Though a contention has been raised before the writ court in W.P(C).No.3910 of 2022 that inasmuch as adjudication proceedings has been initiated and order passed, on the basis of ....
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....) of the Act which stipulates that no adjudicating authority shall hold an enquiry under Sub-section (1) except upon a complaint in writing made by any officer authorised by a general or special order by the Central Government. Further, as per Rule 4(11) of the Foreign Exchange Management (Adjudication Proceedings and Appeal) Rules, 2000, a copy of the adjudication order is to be supplied free of charge to the person against whom the order is made. Therefore, the term 'person aggrieved' in Section 17 can only be the person against whom the order is passed. 4. I find substantial force in the contention urged by the learned CGC. Other than alerting the officials of the Department regarding violations of the Act, an informer has no fu....
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....r an appeal to the Special Director (Appeals)". Rule 4(11) of the Rules reads thus: A Copy of the order made under sub rule (8) of Rule 4 shall be supplied free of charge to the person against whom the order is made and all other copies of proceedings shall be supplied to him on payment of copying fee @ Rs.2 per page." The above sub-rule does not prohibit issue of copies to persons other than those against whom the order is passed. The privilege available to the person against whom the order is made is not an indication to infer that copies are not to be given to anyone else. The question as to whether the appellant is an aggrieved person or not does not arise in the context of the claim for a copy of the order. T....
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....o deliver such copies, shall be deemed to have custody of such documents within the meaning of this section." It is evident from the above statutory provisions, that the adjudication order copy of which was applied for is a public document. The learned Single Judge did not consider these aspects. The learned Single Judge should have allowed the Writ Petition instead of dismissing it." 8. Though Mr. S. Shyam, learned counsel for the appellant submitted that on the basis of Exhibit P1 complaint dated 4.9.2015 adjudication proceedings have commenced and in such circumstances, he should be deemed as a complainant and that therefore, order passed on adjudication should be furnished, we are not inclined to accept the said contentions,....