9911796707
|
Home
Issues:
Renewal of C.H.A. Licence; Failure to inform department about serious illness of proprietor; Conditions for renewal under Regulation 12(2) and Public Notice No. 33/96. Renewal of C.H.A. Licence: The appeal challenged the rejection of the application for renewal of C.H.A. Licence by the adjudicating authority. The appellant, a licensed C.H.A., applied for renewal after the expiry of the license due to the proprietor's serious illness. The department contended that the appellant did not fulfill renewal conditions and failed to inform about the illness. The Tribunal acknowledged the delay but considered the circumstances, including the serious illness, as valid reasons. The Medical Certificate and acknowledgment of illness by the department supported the claim. The Tribunal emphasized that depriving a livelihood due to failure to inform about illness would be unjust. Failure to inform department about serious illness of proprietor: The department raised concerns about not being informed of the serious illness of the proprietor. The appellant explained that family anxiety caused the delay in informing the authorities. The Tribunal accepted the explanation, considering the tension in the family due to the illness. It concluded that rejecting the renewal application solely for not informing the department of the illness would be unfair, especially when livelihood is at stake. Conditions for renewal under Regulation 12(2) and Public Notice No. 33/96: The renewal of C.H.A. Licence is governed by conditions specified in Regulation 12(2) and Public Notice No. 33/96. These regulations outline performance criteria for satisfactory renewal, including cargo clearance quantities and values. The appellant argued that when considering business conducted in both Delhi and Mumbai, they met the renewal conditions. However, the Tribunal highlighted the need for verification of business details and authenticity by the authorities. It directed the appellant to provide evidence to the adjudicating authority for verification and renewal consideration, emphasizing the importance of the livelihood dependent on the license. In conclusion, the appeal was allowed by way of remand to the adjudicating authority for a fresh consideration of the renewal application, granting the appellant an opportunity for a personal hearing and evidence submission. The Tribunal stressed the importance of verifying the business details and authenticity before renewing the C.H.A. Licence, ensuring fairness and justice in the process.
|
