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2012 (9) TMI 606 - AT - CustomsCHA - Suspension of licence Held that - licence of the appellant stands suspended for more than 28 months without final disclosure of the evidence and without final hearing in the matter, it is proper to restore the licence of the appellant as an interim measure - appeal allowed
Issues: Appeal against suspension of Customs House Agent license
The judgment pertains to an appeal against the suspension of a Customs House Agent (CHA) license. The appellant's license was suspended on 23-1-2009, and a post-decision hearing was granted on 27-2-2009. The Commissioner (Appeals) confirmed the suspension order on 6-3-2009 based on serious charges against the appellant related to subletting the license to other individuals to act as CHA on his behalf. However, it was noted that the procedure outlined in CBEC Circular No. 9/10 dated 8-4-2010 for dealing with such matters was not followed, as a final notice for revocation of the license was not issued even after 28 months, contrary to the norm of issuing such notice within nine months of receiving the report on the offense committed. The Tribunal considered the prolonged suspension of the license without final disclosure of evidence and a hearing as unjust. As an interim measure, the Tribunal decided to restore the appellant's license, emphasizing that this decision does not prejudice the department's right to issue a final suspension or revocation notice and make a suitable decision after considering the appellant's submissions. Consequently, the appeal was allowed, and the impugned order was set aside, with the restoration of the appellant's license. In conclusion, the judgment highlights the importance of following due process and procedural norms in matters involving the suspension or revocation of licenses, as outlined in relevant circulars. The Tribunal's decision to restore the license as an interim measure underscores the need for fair treatment and adherence to established procedures in such cases, ensuring that the rights of the appellant are upheld while allowing the department to take appropriate actions based on a comprehensive review of the evidence and submissions presented.
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