9911796707
TMI Blog1992 (4) TMI 162X X X X Extracts X X X X X X X X Extracts X X X X ..... 2/91-WRB, dated 7-11-1991 in Appeal No. CD (BOM) 867/85 filed by the Respondents here. 2. The Respondents here were the holder of Customs House Agent s Licence since 1936. Consequent to detection of a case of misdeclaration, where the respondents were engaged as CHA, proceedings were initiated in relation thereto and along with that, enquiry was also held against the CHA, vide Regulation 24(2) read with Regulation 25 of the Customs House Agents Licensing Regulations, 1965, alleging acts of misconduct/misbehaviour on nine counts, and an Enquiry Officer was nominated to hold the enquiry, who conducted the enquiry and submitted his report therefore. The report so submitted indicated that out of the nine counts on which the acts of misconduct ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nclosed, they were called upon to show cause only in relation thereto, and thereby gave an impression that final order was to be passed, considering the allegations as held proved by the Enquiry Authority. Convinced of the said factual position, this Bench concluded that this was a violation of the principles of natural justice, and hence quashed and set aside the said order of the Collector of Customs and gave a further direction to restore the licence. 3. The Collector of Customs, has however, by filing the present application, sought reference to the High Court on the following question, as is formulated by him. Whether in the fact and circumstances of the case, was it not necessary on the part of the Honourable Tribunal to remand t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was raised that the CHA was out of business, by virtue of initial suspension and then cancellation of the licence, for over nine years and any remand could further prolong the issue, when even otherwise, the CHA had virtually, been visited with due penal consequences, and pleaded that this was also one of the considerations not to use discretionary powers of remand but to quash the order simpliciter. He pleaded that prayer for reference on such an issue was merely to deprive the respondent of the benefit of the order of the Tribunal, and that, till this day, the order was not complied with. He pleaded that on the contrary, direction be given that the licence be restored forthwith. 6. Considering the submissions, what is contemplated to be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ettled proposition of law, that any order passed in violation of, or non-compliance with the principles of natural justice is a void order and a nullity and has to be quashed. No authentication by citation of any judicial pronouncement is called for. However, if at all necessary, a reference could be had to the Supreme Court s judgment in Swadeshi Cotton Mills v Union of India - AIR 1987 S.C. 818 and Raghunath Thaklcar v. State of Bihar - AIR 1989 S.C. 620. 9. When the order is null and void, and on the factual position there is no challenge to the same, and when quashing the same is an unavoidable consequence, it has always remained a matter of discretion for the Tribunal to consider whether ends of justice would be properly met with by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stice. What the various benches of the Tribunal have held is that the circumstances before them warranted remand of the matters. These decisions therefore do not lay down any case law, having binding effect. 13. To conclude, when the discretion is statutorily invested in the Tribunal, whether to remand the matter or not, no question of law, in relation thereto, could be held to have arisen, when the Tribunal has chosen not to do so. To reiterate, there is no challenge on the point that the order quashed by the Tribunal was a nullity, as passed without compliance with the principles of natural justice. The application, therefore merits no consideration and is rejected. 14. A prayer is made on behalf of the respondents, that the departmen ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
