2016 (11) TMI 620 - HC - Customs

Enquiry against the officer who passed the suspension of out of charge order of the goods - enquiry entrusted to any other officer of the rank of Addl. Commissioner of Customs - Held that - in order to instill confidence in the enquiry, if the work is entrusted to any other officer of the rank of Addl. Commissioner of Customs, no prejudice would be caused since the enquiry even otherwise is directed to be held as per the observations made by the learned single judge in the impugned order. Hence, we direct the Chief Commissioner of Customs, Bengaluru, to look into the matter and assign the work of holding of enquiry to any other officer of the rank of Addl. Commissioner of Customs (other than the Addl. Commissioner of Customs, Airport who passed the order for suspension of out of charge order of the goods.) - The nomination of the officer shall be completed by the Chief Commissioner of Customs within a period of two weeks - appeal disposed off.

Summary

Issues:
1. Enquiry directed against order by learned single judge in W.P.No.9995/2016.
2. Allegations against Addl. Commissioner of Customs.
3. Request for enquiry to be held by another officer.
4. Cooperation in enquiry proceedings.
5. Modification of the order by Chief Commissioner of Customs.
6. Nomination of the officer within two weeks.
7. Disposal of the appeal and related application.

Analysis:
1. The judgment addresses an appeal against an order passed by a learned single judge directing an enquiry in W.P.No.9995/2016. The High Court, after hearing counsels for both parties, considered the serious allegations against the Addl. Commissioner of Customs who had passed the order in question.

2. The appellant's counsel raised concerns about the Addl. Commissioner of Customs and requested that the enquiry be conducted by another officer of the same rank to ensure fairness. The customs authorities did not object to this request but emphasized the importance of avoiding baseless allegations against the officer assigned to conduct the enquiry.

3. The High Court, to ensure confidence in the enquiry process, directed the Chief Commissioner of Customs to assign the enquiry work to another officer of the rank of Addl. Commissioner of Customs, excluding the one who issued the order in question. This decision aimed to prevent any prejudice and maintain the integrity of the enquiry as per the observations of the learned single judge.

4. It was clarified that the officer conducting the enquiry should not be influenced by any previous orders and must independently assess the matter based on available evidence and after providing a fair opportunity for both sides to present their case. The appellant was also directed to cooperate fully with the enquiry proceedings.

5. The High Court ordered the Chief Commissioner of Customs to nominate the designated officer within two weeks from the date of the judgment. Additionally, the order of the learned single judge was modified in accordance with the directions provided by the High Court in this judgment.

6. Finally, the appeal was disposed of, and it was noted that a related application would not be considered separately as the main appeal had been resolved. The judgment concluded with the necessary instructions for the implementation and compliance with the directives outlined in the decision.