TMI Blog2022 (12) TMI 1110X X X X Extracts X X X X X X X X Extracts X X X X ..... ere made and ultimately adjudicated. As per the statutory provisions, by no stretch of imagination, appellant/petitioner can be termed as a complainant and consequentially entitled to a copy of the adjudicatory order. Though Mr. S. Shyam, learned counsel for the appellant further submitted that he is personally aggrieved over the decision taken by the Adjudicating Authority and in the above circumstances, entitled to a copy of the order, we are not inclined to accept the said submission also, for the reason that an informer, to the Enforcement Directorate, cannot be said to be personally aggrieved over a decision taken by the Adjudicating Authority. In the light of the above discussion, we find no error or infirmity in the impugned judgm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r and he cannot be treated as complainant. 4. Reference has been made to Section 16(3) of Foreign Exchange Management Act, 1999 (for short FEMA ), which states that no adjudicating authority shall hold an enquiry under Subsection (1) except upon a complaint made by any officer authorised by a general or special order of the Central Government. 5. Further contention has also been made by the respondents therein based on rule 4 (11) of Foreign Exchange Management (Adjudication proceedings and Appeal) Rules 2000, to the effect that copy of the adjudication order can be supplied free of cost to the person against whom the order is made. 6. Giving due consideration to the above said statutory provisions and also the rival contentions, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... djudication 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. Accordingly reliefs sought for was declined. 7. Being aggrieved, instant writ appeal is filed on the grounds inter alia that: B. The finding of the learned Single Judge that in view of Section 17 of the Act and Rule 4 (11) of Foreign Exchange Man ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ts:- (1) Documents forming the Acts or records of the Acts - (i) of the sovereign authority, (ii) of official bodies and tribunals and (iii) of public officer, legislative, judicial and executive of any part of India or of the common wealth or of a foreign country; (2) Public records kept in any State of private documents 75 private documents ' All other documents are private 76 certified copies of public documents Every public officer having the custody of a public document, which any persons has a right to inspect, shall give that person on demand a copy of it on payment of the legal fees therefor, together with a certificate written at the foot of such copy that it is a true copy of such document or par ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ately adjudicated. As per the statutory provisions, by no stretch of imagination, appellant/petitioner can be termed as a complainant and consequentially entitled to a copy of the adjudicatory order. 10. Though Mr. S. Shyam, learned counsel for the appellant further submitted that he is personally aggrieved over the decision taken by the Adjudicating Authority and in the above circumstances, entitled to a copy of the order, we are not inclined to accept the said submission also, for the reason that an informer, to the Enforcement Directorate, cannot be said to be personally aggrieved over a decision taken by the Adjudicating Authority. In the light of the above discussion, we find no error or infirmity in the impugned judgment, warrantin ..... X X X X Extracts X X X X X X X X Extracts X X X X
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