Court upholds enquiry despite delay, stresses cooperation for prompt conclusion.

The High Court dismissed the Petitioner's request to quash the enquiry conducted against them due to delay, noting that the Tribunal's directive to complete the enquiry within 90 days was not a strict mandate. The Court found the reasons for the delay provided by the Respondents acceptable and emphasized the need for cooperation to promptly conclude the pending enquiry. The Court disposed of the Writ Petition based on the Respondents' assurance to complete the enquiry within 12 weeks, subject to witness availability and the Petitioner's cooperation.

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Issues:
1. Quashing of enquiry conducted against the Petitioner pursuant to an order dated 20 November 2014.
2. Delay in completing the enquiry and its impact on the Petitioner's rights.
3. Compliance with the directions of the Tribunal regarding the suspension of the license and completion of the enquiry.

Analysis:
1. The Petitioner, a holder of Customs House Agents License (CHAL) for Custom Brokers License (CBL), sought a writ to quash an enquiry conducted against them following an order from the Commissioner of Customs (Preventive) Jodhpur. The Petitioner's license was initially suspended, but a statutory appeal led to the suspension being set aside, and an enquiry was directed to be completed within 90 days. The Petitioner filed the present Petition due to the delay in completing the enquiry, alleging prejudice and non-compliance with the Tribunal's mandate.

2. The High Court considered the delay in completing the enquiry and its impact on the Petitioner's rights. The Court noted that the Tribunal's direction to complete the enquiry within 90 days was more of a directive in the interest of the Respondents, rather than a mandatory requirement for the Petitioner. The Respondents provided reasons for the delay, referencing proceedings in Jodhpur. The Court found that the explanation did not indicate gross delay or a complete failure to conduct the enquiry, leading to the dismissal of the Petitioner's request to quash the proceedings based on delay.

3. Addressing compliance with the Tribunal's directions, the Court highlighted that the Petitioner continued to function as a broker following the Tribunal's revocation of the license suspension. The Court emphasized the need for cooperation between the parties to conclude the pending enquiry promptly. The Respondents assured completion of the enquiry within 12 weeks, subject to witness availability and the Petitioner's cooperation. Consequently, the Court disposed of the Writ Petition based on the Respondents' commitment to complete the enquiry within the stipulated timeframe, provided cooperation was extended by all parties involved.

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