2008 (7) TMI 752

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....nces was involved. The DRI further alleged that Mr. Sushil Kumar Lohia, an employee of the appellant CHA, was involved in procuring bogus licences. Articles of charges were framed against the appellants and their licence was suspended vide order dated 18-5-1998 which was set aside by the Tribunal vide its Order No. 3799/98/WRB dated 8-10-1998 [1999 (111) E.L.T. 565 (T)] and the case was remanded for fresh decision to the Commissioner. A show cause notice dated 23-9-1999 was issued to the appellants; the appellants appeared before the Inquiry Officer; the Inquiry Officer submitted his report on 8-9-1999 in which he exonerated the appellants on all charges. About eight years after the Inquiry Officer submitted his report, a disagreement memo ....

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...., 2000 (118) E.L.T. 632, wherein the Tribunal held that the Commissioner of Customs was not competent to dismiss the inquiry report submitted by the Inquiry Officer and to order re-enquiry. The relevant extract from the above order is reproduced herein below :- "4. For appreciation of the dispute it is necessary to reproduce the said Regulation 23. "23. Procedure for suspending or revoking licence under Regulation 21. (1) The Commissioner shall issue a notice in writing to the Customs House Agent stating the grounds on which it is proposed to suspend or revoke the licence and requiring the said agent to submit within such time as may be specified in the notice not being less than forty-five days, to the Assistant Com....

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....e Custom House Agent a copy of the report of the Assistant Commissioner of Customs and shall require the Customs House Agent to submit within the specified period not being less than sixty days any representation that he may wish to make against the findings of the Assistant Commissioner of Customs. (7) The Commissioner shall after considering the report of the inquiry, and the representation thereon, if any, made by the Customs House Agent, pass such orders as he deems fit. (8) Any Customs House Agent aggrieved by any decision or order passed under regulation 21 or sub-regulation (7) of regulation 23, may appeal under section 129A of the Customs Act, 1962, to the Customs and Central Excise Gold (Control) Appellate Tribunal ....