No that is just a technicality. Because of salary revision and grade pay enhancement you have to appear before a different officer. A complaint has been issued to you. A person having jurisdiction can only look into your matter. Therefore another notice has been served.
Validity of Show Cause Notice issued by ED
Based on a Complaint dated 10.10.2009 lodged by the Asst.Director, Enforcement who is the designated officer under Section 16(3), the Special Director issued a Show Cause Notice dated 8.5.2018 to me for the alleged violations of Section FEMA 1999, to be read with Regulations 8,9(1) and 13 of FEMA 2000. After lapse of 2 years, I am now served with a Notice dated 02.02.2020 by the Enforcement Directorate to appear before the Additional Director instead of the Special Director, since, vide, a Notification issued by the Ministry of Finance the monetary limits of the Officers of the Directorate of Enforcement stood revised, consequently my case fell within the monetary limits of the Additions Director, therefore I should appear before the Additional Director for the adjudication Proceedings. Can I now take stand that for the Additional Director to adjudicate the subject case,a fresh complaint has to be lodged by the designated officer designated under Section 16(3) and that the the Additional Director cannot act on the complaint lodged by the earlier designated officerin 2009.
Asked 6 years ago in Civil Law
8 Answers
Dear Sir,
You are correct. You have to challenge the same before the High Court and get a stay order and later it will be quashed.
Since summons has been served fro the office of the Asstt Director you should not ignore and must appear on the date fixed.
Now on the fixed date you can very well raise the issue of his lack of jurisdiction to adjudicate the dispute in writing with him.
3. So attend the proceeding and take all these grounds on maintainability of the proceeding beofre him.
Yes you can take the above stand in the said circumstances
You can appear in person and submit an application expressing your objection to the summons/notice received by you in this regard for the reasons that even though there is a change in the administrative set up, since your case falls in the old category and you were already served with a notice by a different officer, the current officer investigating the matter has no jurisdictions to try this case.
Let them give a reply as per law or anything, you can challenge the same before the appellate tribunal.
It is just a transfer of case due to amendment in pecuniary limit to hold jurisdiction. NO fresh complain need to register and will proceed further.
The Show Cause Notice is a primary stage of adjudication and is not an order of any authority. Therefore, it cannot be challenged before the first appellate authority. the only way to challenge the issue of show cause notice is by way of filing a writ petition before the High Court under Article 226.
No you cannot take this stand to prevent the show cause notice and appearance before additional director.
