2003 (4) TMI 479

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....older of a regular Licence No. 0099/93 which was valid up to 30-6-99. They were, however, found involved in the fraudulent export of readymade garments made by certain fictitious exporters, as in all those exports, the shipping bills were filed by them. The goods which were exported were highly over invoiced and this fact was in the knowledge of the appellants and Shri Satish Gupta, Managing Director of the appellants even admitted this fact. After finding the appellants guilty of entering into criminal conspiracy for availing wrongful benefit of drawback in the names of fictitious and non-existent export companies, the Licence of the appellants was suspended vide order dated 24-6-99, for having contravened the provisions of Regulations 14(....

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....issioner) de hors the adjudication proceedings. 4. After passing of the above said order by the High Court, the Commissioner passed the impugned order refusing to renew/grant Licence to the appellants. 5. We have heard both sides. The bare perusal of the impugned order shows that the prayer of the appellants for renewal/grant of the Licence has been declined by the Commissioner on the ground that they had failed to comply with the obligation/cast on them under Regulation 14 of the CHALR, 1984, as they had been found to be indulging in grave misconduct by taking fraudulent drawback claim. They had been found to aid and abate the export of highly overvalued export garments. But there is nothing on record to suggest, if the sho....

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.... contained in the show cause notice, were found to be incorrect/false, who will compensate the appellants and in what manner, for having been thrown out of the work since June, 99 without any proved misconduct. In a case of suspended employee, we find that there is a provision in Service Rules for allowing him arrears of his salary for the suspended period and up to the date of reinstatement, if ultimately the charges on which he was suspended had been found to be not proved/incorrect/false by the enquiry officer. But, no such provision we find in the CHALR Rules that the CHA would be compensated in a particular manner if the alleged grounds of misconduct on which his Licence was suspended or not renewed, by the Commissioner, ultimately did....