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2022 (6) TMI 1341 - HC - FEMAPerson aggrieved’ in section 17 of FEMA - deemed complainant - Whether appellant is not an aggrieved person? - writ petitioner entiltment for copy of the adjudication order as he was only an informer and he cannot be treated as complainant - Central Government Counsel [CGC] contended that the petitioner is not entitled for a copy of the adjudication order, since he is only an informer and cannot be termed as the complainant - HELD THAT:- We 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 further role as per the scheme of the Act. The complaint based on the information has to be filed by an authorised officer, upon which alone the adjudicating authority can conduct enquiry. The Rules envisage issuance of copy to the person against whom an order of adjudication is passed. The term ‘aggrieved person’ in Section 17 will take in only the person against whom the order is passed and the complainant. Being so, the informer is not entitled for a copy of adjudicating order has no legal right to challenge the order by filing an appeal under Section 17. In the result, the writ petition is dismissed, without prejudice the petitioner’s right to pursue his application for obtaining a copy of the order under the Right to Information Act, 2005.
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