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Issues:
Suspension of Custom House Agent's licence at Chennai due to alleged offence committed at Tuticorin, applicability of Regulation 21(2) of Custom House Agents Licensing Regulations, 1984, necessity of personal hearing post-suspension, validity of suspension order against Tuticorin branch office. Analysis: The judgment concerns the suspension of a Custom House Agent's licence at Chennai based on an alleged offence committed at Tuticorin. The appellant argued that the Chennai licence cannot be suspended for an offence committed at Tuticorin and that no suspension was issued for the Tuticorin licence. The Tribunal noted that the appellant held separate licences for Chennai and Tuticorin, with the suspension relating to an offence in Tuticorin. Referring to a similar case, the Tribunal emphasized the need for a post-decisional personal hearing before continuing a suspension. It was observed that the Commissioner's suspension of the Chennai licence lacked justification as there was no allegation of contravention by the Chennai licensee, nor was there any pending or contemplated enquiry by Customs against the Chennai CHA. Consequently, the suspension of the Chennai licence was deemed unjustified, and the order was set aside. The Tribunal also addressed the suspension order against the Tuticorin branch office. The Commissioner alleged a violation of Regulation 14 by the appellant at Tuticorin. While interim measures were taken to prevent further issues, the Tribunal emphasized the requirement for a post-decisional hearing for the appellant and directed the Commissioner to pass a speaking order on the continuation of the suspension within a specified timeframe. The Tribunal allowed the appeal filed by the Chennai branch by revoking the suspension of licence and directed the Commissioner to decide on the Tuticorin branch's suspension within the given timeframe. Both appeals were disposed of accordingly, in line with the principles established in previous judgments and the need for procedural fairness in such matters. In conclusion, the Tribunal set aside the suspension order against the appellant by applying the established legal principles, emphasizing the importance of procedural fairness, post-suspension hearings, and justifications for suspension actions. The judgment provided clarity on the distinct nature of licences held by the appellant, the requirements under relevant regulations, and the necessity for proper procedures in dealing with suspension matters concerning Custom House Agents.
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