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Issues:
1. Suspension of Custom House Agent's license under Regulation 21(2) of the Customs House Agents Licensing Regulations, 1984. 2. Allegations of assault by an employee and contravention of regulations by the appellant. Issue 1: Suspension of Custom House Agent's license under Regulation 21(2): The appeal challenged the order of the Commissioner suspending the Custom House Agent's license under Regulation 21(2) of the Customs House Agents Licensing Regulations, 1984. The suspension was based on two reasons: an alleged assault by an employee of the appellant and contravention of various regulations by the appellant. The first reason involved an incident where a customs clerk of the appellant was accused of assaulting an officer of the Directorate of Revenue Intelligence. The appellant contended that the assault was a personal act of the employee and not related to his duties. The appellant promptly terminated the employee upon learning of the incident. The Commissioner's second reason for suspension was related to past acts of the appellant contravening regulations. The Commissioner issued a notice proposing an inquiry under Regulation 23, alleging various charges against the appellant. However, the Commissioner's delay in taking action raised questions about the necessity of immediate suspension after two years. Issue 2: Allegations of assault by an employee and contravention of regulations by the appellant: Regarding the assault allegation, the Commissioner cited Regulation 20(7), holding the Custom House Agent responsible for the actions of its employees in the course of their duties. However, it was clarified that this responsibility did not extend to personal conduct over which the agent had no control. The Tribunal found insufficient grounds for suspending the license based on this incident. Concerning the contravention of regulations, the Tribunal refrained from commenting on the correctness of the allegations, leaving it to the appropriate authority. The delay in taking action despite being aware of the alleged acts for two years led the Tribunal to question the sudden necessity for suspension. Ultimately, the Tribunal revoked the suspension of the license, emphasizing the need for expedited resolution of the matters at hand without being influenced by the Tribunal's observations. In conclusion, the judgment by the Appellate Tribunal CEGAT, Mumbai dealt with the suspension of a Custom House Agent's license under Regulation 21(2) based on allegations of assault by an employee and contravention of regulations by the appellant. The Tribunal found insufficient grounds for suspension due to the nature of the alleged assault and questioned the delayed action on the alleged contraventions. The suspension was revoked, stressing the need for prompt resolution of the matters involved.
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