2004 (9) TMI 499

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....gya Devi, SDR, for the Respondent. [Order per : P.G. Chacko, Member (J)]. -  This appeal is by a Custom House Agent, whose licence was suspended by the Commissioner of Customs (Seaport) under Regulation 21(2) of the Custom House Agents Licensing Regulations, 1984. The impugned order of suspension of the CHA licence was issued on 11-11-2003, - to quote - "pending investigation and finali....

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....ht of claiming post-decisional hearing in the licence suspension matter. They did not choose to do so, and this slackness and negligence virtually disentitled the appellants to post-decisional hearing. 3. Both sides adverted to the merits of the case as well, which, we do not think, we should look into in the instant case inasmuch as gross violation of natural justice is writ large on t....

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....ls (supra). The operative part of the order of the Larger Bench is extracted below : "5.4. According to the parameters of the rule of natural justice as set by the Hon'ble Supreme Court, a person against whom punitive or damaging action is taken by any authority in its quasi judicial capacity must at least be given the minimal fairness of a post decisional hearing. In the present case, adm....

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....s such order within the stipulated period, the impugned order will stand set aside on expiry of the said period. It is made clear that this order will not stand in the way of the Commissioner proceeding against the appellants under Sub-regulation (1) of Regulation 21." 5. We find that, on the factual matrix of the instant case, we must follow the above order of the Larger Bench. Even after....