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TMI Blog2009 (8) TMI 1299X X X X Extracts X X X X X X X X Extracts X X X X ..... tness of the Adjudication Order No. ADJ/300-B/SDE/KNR/2004 dated 29th November, 2004, passed by Special Director, Enforcement Directorate, exonerating the respondents from the allegations of contravention of Sections 8(1), 6(4), 6(5) and 7 Foreign Exchange Regulation Act, 1973. 3. Admittedly, this revision petition is filed on 10.11.2005 against Adjudication Order dated 29.11.2004 after a delay of almost one year giving no explanation for the delay. Also, the revision petition is typed as appeal but certain corrections are made in hand where word appellant is strike off with an addition of the word petitioner. Further, this revision petition is filed under the name of Shri T.K. Gadoo, DLA, whose name is described as For Director of Enforcem ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .K. Gadoo, DLA, who is not authorized in any manner on behalf of the Union of India or Enforcement Directorate to file this revision petition. Nothing has been brought out that how he is authorized to file this revision petition. 7. This is an admitted position that this revision petition is filed in the name of Union of India through Deputy Legal Adviser, Directorate of Enforcement, and is not even signed by Shri T.K. Gadoo. However, when we question the authority of filing of this revision petition, the Directorate of Enforcement has not been able to produce any delegation of power under Article 77 of the Constitution of India in favour of Deputy Legal Adviser Shri T.K. Gadoo. As per Article 77, all executive actions of the Government of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ate of Madras AIR 1970 SC 1102; and (2) Shamsher Singh v. State of Punjab AIR 1974 SC 2192). There is no rule of business empowering the subject of filing of revision petition in favour of Deputy Legal Adviser of Directorate of Enforcement. Therefore, this filing of revision petition with or without the signatures of Shri T.K. Gadoo, Deputy Legal Adviser, Directorate of Enforcement has to be termed as procedurally wrong step. 8. On the aspect of delay also, nothing is placed on record that why this revision petition has been filed after expiry of more than 11 months. Our repeated adjournments has not been used for improving this position. Lastly, the biggest blunder made by Enforcement Directorate is to file this revision petition with old ..... X X X X Extracts X X X X X X X X Extracts X X X X
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