2006 (2) TMI 179

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....12th December, 2005. The substantial question of law sought to be raised by the Appellant in this Appeal is that whether the CESTAT was right in applying Regulation 22(1) of the Customs House Agents Licensing Regulations, 2004, particularly when immediate action against the misconduct of the Customs House Agent was necessary, and whether the CESTAT was right in holding that the suspension of licence was bad in law for non-service of prior notice to the delinquent licence holder. Therefore the main contention of the Appellant is that the CESTAT had erroneously held that in case of any suspension of licence of the Custom House Agent the mandatory requirement of prior notice as per the provisions of Regulation 22(1) of the Customs House Agent ....

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....stoms 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." 3. In the instant case, it appears that the Commissioner of Customs by his order dated 2nd November, 2003 exercising his power under Regulation 20(2) of th....

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....d from the services of the Respondent-Clearing Agency and the Respondent-Clearing Agency had absolutely no involvement in making any payment or monies for surreptitiously clearing any consignment. Merely because one of the employee of the Clearing Agency was engaged by one of the Appraiser Vivek Dwivedi, the Clearing Agency's licence ought not to have been suspended. In the said report of the Vigilance Committee it is clearly stated that on that day the other private persons were also found making entries from the tables of other Appraisers. The report also indicates that other officers were also found adopting the similar modus operandi to collect illegal gratification. The learned Counsel for the Appellant has fairly conceded that onl....