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TMI Blog2022 (12) TMI 1110X X X X Extracts X X X X X X X X Extracts X X X X ..... d 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 his complaint, Exhibit P1 dated 4.9.2015 addressed to Dire ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 further role as per the scheme of the Act. The complaint based on the informatio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... de 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. That is a matter to be considered by the Appellate Authority when the appeal is preferred under Sec.17 of the Act. C. Sections 74, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s 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, for the reason that as rightly adjudged by the writ court, he can be treated only as an informer and not a complainant. 9. Perusal of the rules stated supra also makes it clear that a complaint can be made only by a person author ..... X X X X Extracts X X X X X X X X Extracts X X X X
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