The adjudicating authority is bound to explain the alleged ...

Adjudicating authority must explain alleged contraventions & reasons for opinion. Rules 4(3) & 4(4) ensure fair opportunity, not violating natural justice. Procedures must be followed.

Case Laws FEMA

July 29, 2024

The adjudicating authority is bound to explain the alleged contraventions to the person proceeded against or their legal representatives. Rule 4(4) mandates communicating the formation of opinion and reasons to the person or their legal representative. Rule 4(3) cannot be construed as violating natural justice or contravening any law when read with Rule 4(4), which requires providing all information along with the provisions. Rule 4(3) and Rule 4(4) should be read constructively to ensure fair opportunity. The High Court cannot expand the scope of rules/procedures under judicial review. The procedures must be followed, and persons concerned must cooperate and defend their case as per the rules. The practice of prolonging proceedings by approaching the High Court at each stage cannot be appreciated. The court is bound by the Madras High Court's Division Bench judgment interpreting Rule 4(3).

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The adjudicating authority is bound to explain the alleged ...

Adjudicating authority must explain alleged contraventions & reasons for opinion. Rules 4(3) & 4(4) ensure fair opportunity, not violating natural justice. Procedures must be followed.

Case Laws FEMA

July 29, 2024

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