2014 (6) TMI 978 - AT - Customs

Consistent delay in passing order - the proceedings under Regulation 22 of the CHALR has not yet been finalised although five years have expired from the date of suspension - Held that - It may be stated that extreme delay of aforesaid magnitude shakes confidence of public on public authorities. Such authority should not behave in the manner that is done in the present case. An expeditious disposal of the proceeding shall develop public confidence and the authority shall keep up the majesty of law - appeal disposed off - decided in favor of appellant.

Summary

Issues: Delay in finalizing proceedings under Regulation 22 of CHALR 2004.

In this judgment by the Appellate Tribunal CESTAT NEW DELHI, the issue at hand revolves around the delay in finalizing proceedings under Regulation 22 of CHALR 2004. The appellant challenged an order dated 19-3-2009 under Regulation 20(3) of CHALR 2004, while also highlighting that their defense reply against the Show Cause Notice under Regulation 22 had been submitted, but no order had been passed yet. The Tribunal expressed concern over the significant delay of five years in finalizing the proceedings, citing a previous case where they emphasized the need for timely action by stating that the suspension of a license affecting one's livelihood should not be allowed to continue indefinitely. They stressed the importance of exercising statutory powers reasonably and within a reasonable timeframe to maintain public confidence in public authorities. Consequently, the Tribunal directed the Commissioner to dispose of the proceedings within a month to uphold the integrity of the legal process and restore public trust in the authority.

This judgment underscores the critical importance of timely resolution of legal proceedings, especially when they involve significant implications for livelihoods or rights of individuals. The Tribunal's emphasis on the need for statutory authorities to act reasonably and promptly serves as a reminder of the fundamental principles of administrative law and the necessity to uphold public confidence in the legal system. By directing the Commissioner to expedite the proceedings within a month, the Tribunal aims to ensure the proper administration of justice and the preservation of the rule of law. The decision highlights the Tribunal's commitment to upholding legal principles and ensuring that statutory powers are exercised judiciously and in a timely manner to prevent any abuse or erosion of public trust in the legal process.