2022 (7) TMI 469

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....okers Licensing Regulation, 2018 which was imposed by the Commissioner of Customs and which was communicated to the Assistant Commissioner of Customs by a letter dated 16th July, 2018 being Annexure P4 to the writ petition, but the order of the Commissioner of Customs imposing such penalty on 9th July, 2018 was neither served nor communicated to the petitioner. Petitioner challenges the impugned action imposing the aforesaid penalty on the ground that the same is not sustainable for the reason of non-compliance of the formalities under Regulation 17 by which respondent Commissioner of Customs was required to issue a notice in writing to the Customs Broker within a period of ninety days from the date of the alleged offence. It is the c....

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....precision. In General Council of Medical Education & Registration of U. K. v. Sanckman [1943 AC 627: (1948) 2 All ER 337], Lord Wright observed that it was not desirable to attempt 'to force it into any procusteam bed' and mentioned that one essential requirement was that the Tribunal should be impartial and have no personal interest in the controversy, and further that it should give 'a full and fair opportunity' to every party of being heard. 17. How then have the principles of natural justice been interpreted in the Courts and within what limits are they to be confined? Over the years by a process of judicial interpretation two rules have been evolved as representing the principles of natural justice in judicial process, includi....

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....only be done but should manifestly be seen to be done'. Whenever an order is struck down as invalid being in violation of principles of natural justice, there is no final decision of the case and fresh proceedings are left upon. All that is done is to vacate the order assailed by virtue of its inherent defect, but the proceedings are not terminated." Mr. Matiti, learned Advocate appearing for the respondents Custom Authority, opposes this writ petition by contending that the impugned action is not penal in nature and the aforesaid regulation does not require affording any opportunity of personal hearing to the petition to which I am not convinced. Considering the submissions of the parties and facts as appears from record and the judg....