TMI Blog1986 (11) TMI 328X X X X Extracts X X X X X X X X Extracts X X X X ..... . 1,18,000 was imposed upon the respondent in this appeal for alleged violation of the provisions of sections 8(1) and 9(1)( f )( i ) of the Foreign Exchange Regulation Act, 1973. The main contention of the respondent before the Board was that rules of natural justice were breached by the officer in the first instance for the reason that the respondent was not given an opportunity to cross-examine persons who had, pursuant to summons under section 40, given statements to the department. This contention was accepted by the Board. Accordingly, the Board held : "3. We, therefore, set aside the order of the adjudicating officer and remand the case for fresh disposal after giving the appellant an opportunity to cross-examine the persons whose ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion with the enquiry for giving evidence or making statements and producing documents. In the present case, the respondent was informed of the names of persons who had given statements against him. He was given an opportunity to peruse those statements. He was, however, admittedly not given copies of those statements. Admittedly, he was not afforded an opportunity to cross-examine the persons who had given the statements, although he had specifically requested for such an opportunity. The Board was impressed by the argument that, in so far as the respondent was not allowed an opportunity to cross-examine the persons who had given statements the enquiry could not be regarded as a fair enquiry. The order under appeal before it was accordi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... evidence. He states that the appellant has no objection to the matter being considered by the Board itself on the merits, instead of remanding the same. The submissions at the Bar are recorded. In the circumstances, we set aside the order of the Board in so far as it has remanded the matter, but in every other respect, its order is confirmed. Consequently, we direct the Board to afford both the parties a proper opportunity of being heard and adducing fresh evidence and to dispose of the appeal on the merits. The appellant's counsel submits that the Board will dispose of the appeal within six months from the date of receipt of a copy of this judgment. This submission is also recorded. The appeal is accordingly dismissed. The cross-objec ..... X X X X Extracts X X X X X X X X Extracts X X X X
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