2008 (1) TMI 636

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.... Kolkata, respondent No. 1 suspending the petitioner No. 1 with immediate effect principally on the ground that it does not contain the reasons or grounds for such suspension. The impugned circular is as under : "Heads of different Departments of this Customs House and other concerned departments are hereby informed that due to alleged misconduct, in exercise of power vested in me under Regulation 20 of CHALR'04, the CHA licence bearing 1-20 of M/s. India Mercantile Agency, a custom house agent is suspended with immediate effect."                         (Emphasis supplied) 2. It appears from the impugned cir....

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....nding or revoking licence under Regulation 20- (1)     The Commissioner of Customs 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 Customs House Agent to submit, within such time as may be specified in the notice, not being less than forty-five days, to the Deputy Commissioner of Customs or Assistant Commissioner of Customs nominated by him, a written statement of defence and also to specify in the said statement whether the Customs House Agent desires to be heard in person by the said Deputy Commissioner of Customs or Assistant Commissioner of Customs. (2)     The Commissioner of Custo....

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....or revoke the licence of an agent so that the agent may submit the written statement of defence. It is explicit from a reading of Regulation 22 that the agent must be informed of the reasons of his suspension. Informing the agent of the reasons is one of basic criteria of the principles of natural justice which is ingrained in Regulation 22. Any breach of the principles of natural justice shall call for judicial intervention under Article 226 of the Constitution of India - a remedy which is speedy and efficacious. 5. In the instant case, from the circular impugned it appears that no ground for suspension has been stated. Even assuming that the circular was issued under Sub-Regulation (2) of Regulation 20, the circular impugned shoul....