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TMI Blog2009 (9) TMI 449X X X X Extracts X X X X X X X X Extracts X X X X ..... n closed for all that period if early hearing not granted. Tribunal not rendering final decision on quantum of punishment, only application for early hearing being considered. If quantum of punishment, only application for early hearing being considered. If quantum of punishment happens to be disproportionate to the gravity of offence committed, delay in hearing may not be justifiable. Early heari ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or and no penalty was imposed on the firm. She also submits that the offence committed by one of the employees who had clearly stated that the Directors were not aware of his activities and for the offence committed by the employee revocation of licence which would permanently close down the firm is very harsh. She also submits that in the normal course it may take years for the matter to come up ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion is fully justified. He also relies upon the decision of Hon'ble High Court of Bombay in respect of his contention that the interference in such a disciplinary matters by the Tribunal is uncalled for unless it is shown that the authority's decision was perverse or punishment imposed was shockingly disproportionate. This decision was rendered in the case of Worldwide Cargo Movers Customs Appeal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... observed that the finding of the Tribunal that the firm was not liable for act of its employee was not correct. The main issue decided by the Hon'ble High Court, therefore, was not comparable with the present situation and in any case we are not rendering a final decision as regards quantum of punishment on the appellant and we are only considering the early hearing application. If, in reality, th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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