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Issues involved: Appeal against revocation of Customs House Agent Licence due to employee misconduct, sub-letting licence, and incorrect value claims for drawback.
Summary: 1. The appeal was filed against the Adjudication Order revoking the Customs House Agent Licence based on employee misconduct, sub-letting of licence, and incorrect value claims for drawback. The Appellants contended that the first show cause notice regarding employee misconduct was not proven, and the second notice about business dealings with an unauthorized party was not connived as alleged. They argued that they were not aware of the discrepancies and had not directly engaged in any wrongdoing. 2. The Appellants, through their Advocate, highlighted the lack of evidence against them and the adverse impact of the punishment on their livelihood. They referenced legal precedents emphasizing that revocation of a licence is a severe penalty and should be proportionate to the offense committed. The Advocate argued that the Appellants had already faced significant consequences, including financial penalties, and being out of work for two years. 3. The Adjudicating Authority found the Appellants responsible for employee conduct and business dealings, leading to the revocation of their licence. However, the Tribunal noted discrepancies in the findings of the Inquiry Officers and the lack of conclusive evidence linking the Appellants directly to the alleged infractions. Considering the severity of revocation and the impact on the Appellants' livelihood, the Tribunal set aside the revocation order, deeming the punishment already suffered by the Appellants as sufficient. 4. The Tribunal's decision was based on the principle that punishment should be commensurate with the offense, and in this case, the charges against the Appellants did not warrant the extreme penalty of licence revocation. The Tribunal emphasized the need for proportionality in disciplinary actions and considered the Appellants' circumstances, ultimately allowing the appeal and overturning the revocation order.
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