2005 (3) TMI 357 - AT - Customs

Customs House Agent's Licence - Suspension of and stoppage of the CHA - Violation of the principles of Natural justice - HELD THAT - The power of suspension envisages an immediate nexus, in time, with the event. The suspension and stoppage of the CHA to conduct its business and entry in the Custom House of Mumbai or other places could be called for, only if a finding is arrived at that the presence of such persons in the Custom House and the continuation of the licence would result in tampering with evidence. The matter in this case is being investigated by the CBI, there is no finding on record or an allegation that there is an attempt to tamper with evidence which should call for immediate exercise of the powers to suspend the CHA licence entry of all other employees, resulting on a total stoppage of the work livelihood of 10 other employees of this Private Limited Company. We find, there was no reason to call for or uphold for suspension in March 2005 for an alleged act of a kind mentioned to have been committed in July 2004. The order passed cannot be upheld. We find no reasons to uphold the order of suspension in the facts of this case as far as this CHA firm is concerned and to call for suspension of all employee. If at all it should be upheld, it would be only as regards the identity card and licence of the clerk Shri Darshan Lal More. Therefore, the order of suspension as regards the CHA firm other employees and change in Surety is set aside. Since the order is found to be in gross violation of the principles of natural justice and travels beyond a suspension envisaged under regulations. We find that no purpose will be served by passing an interim order of stay. We would allow the appeal itself at this stage after setting aside the order. We make it clear that setting aside this suspension order will not call for interference with the enquiries ordered under Regulation 22 of CHALR 2004. This appeal is therefore allowed in above terms.

Summary

Issues:
Suspension of Custom House Clearing Agent Licence based on alleged misconduct.

Analysis:
1. Suspension Order Validity:
- The suspension order was issued based on a report recommending blacklisting of the Clearing Agent.
- The order was found to be in denial of natural justice and resulted in significant damage to the agent's reputation.
- The Commissioner's conclusion regarding the employee's involvement in bribery lacked substantial evidence and violated principles of natural justice.

2. Vicarious Liability:
- The acceptance of bribe money by an employee cannot automatically lead to the suspension of the company's license.
- The firm cannot be penalized for the alleged criminal act of an individual employee without conclusive evidence.
- The firm had been conducting business without any issues post the alleged incident, indicating no immediate threat to evidence tampering.

3. Immediate Nexus for Suspension:
- The power of suspension requires a direct link to the event, which was not established in this case.
- There was no evidence or allegation of tampering with evidence to justify the immediate suspension of the license and business operations.
- The order to suspend the license and stop business activities was deemed unjustified and in violation of established legal principles.

4. Legal Precedents and Tribunal Decisions:
- The Tribunal's previous decisions emphasized that suspension should only be imposed to safeguard the interests of the Custom House.
- The order's language and implications suggested a termination of the license rather than a temporary suspension, which was considered excessive and unwarranted.
- Citing relevant case law, the Tribunal concluded that the suspension order, as applied to the firm and its employees, was not justified and should be set aside.

5. Natural Justice and Appeal Outcome:
- The suspension order was deemed to be a gross violation of natural justice principles and regulatory limits.
- The appeal was allowed, setting aside the suspension order while clarifying that the ongoing enquiries under Regulation 22 would continue unaffected.
- No interim stay order was deemed necessary, and the appeal was granted in favor of the appellant, highlighting the lack of justification for the suspension based on the available evidence.

This detailed analysis highlights the key legal aspects and findings of the judgment, focusing on the suspension of the Custom House Clearing Agent License and the associated legal implications and violations.