SHASHANK VYANKATESH MANOHAR Vs. UNION OF INDIA

JUDGEMENT

(1.) This Petition under Article 226 of the Constitution of India challenges 11 Show Cause Notices all dated 25 November 2011 issued by the Special Director, Directorate of Enforcement under the Foreign Exchange Management Act, 1999 (in short "the Act") to the petitioner to show cause against imposition of penalty on him in his capacity as the President of the Board of Control for Cricket in India (in short "the Board") for the alleged violation of the Act, during the period 2008 to 2011 . This Petition also challenges a Communication dated 6 June 2013 calling the petitioner for personal hearing before the Director of Enforcement, Directorate of Enforcement for adjudication of the impugned 11 Show Cause Notices. All the show cause notices are issued to the Board (BCCI) and to the petitioner and six other persons.

(2.) The challenge to the impugned 11 show cause notices by the petitioner is on the ground that the same has been issued to him without jurisdiction as under the Act, he cannot be held liable under Section 42 of the Act for the breaches, if any, committed by the Board and by other persons and even otherwise no case is made out against him for violation of the Act. While the challenge to the notice of hearing dated 6 June 2013 is that the same has been issued without complying with the requirements of Foreign Exchange Management (Adjudication Proceedings and Appeal) Rules, 2000 (in short "Adjudication Rules").

(3.) Factual Matrix