1997 (10) TMI 165

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....R, for the Respondent. [Order per : K.S. Venkataramani, Member (T)]. - The Miscellaneous Application as well as the appeal are against the order of the Commissioner of Customs ordering suspension of the Custom House Agent Licence in terms of Regulation 21(2) of the Custom House Agent Licensing Regulations, 1984. 2. Shri J.C. Patel the ld. Counsel for the applicant appellant refers to....

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.... immediate action and the nature of seriousness of the violation, for which inquiry is contemplated should be indicated in the suspension order, so as to make itself contained and revealing, for any judicial scrutiny as to satisfy that the Collector has applied his mind to these provisions. Holding this view of the matter, the Tribunal set aside the order, but gave the liberty to the Commissioner ....

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....ase also the impugned order suspending the licence has been passed in November, 1996 and only during the present month of September, 1997 the show cause notice has been issued. The applicant appellant has suffered during the intervening period because of storage of work and it was pleaded that the precedent decision cited above should be applied to the applicants appellants case also and licence s....

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....n the present case, so far as it does not show the immediate nature of the lapse leading to the suspension of the licence, the order under Regulation 21(2). The perusal of the order shows this as not forthcoming in the impugned order. Therefore following the precedent decisions in these circumstances following the ratio of the precedent decisions, we set aside the suspension order which has been a....