9911796707
TMI Blog1996 (3) TMI 219X X X X Extracts X X X X X X X X Extracts X X X X ..... an exporter. Examination of the consignment, stated to be books, was ordered by the Superintendent (Exports) at the Air Cargo complex. The shipping bill was duly returned by the employee of the appellant, bearing upon it the examination report. As there was some doubt about the correctness of the report, the Custom House instituted enquiries, which revealed that the examination report had not been written by any Customs Oficer and that the export consignment had not even been entered the examination area. It was revealed that shipping bill had been presented by K.K. Verma, the appellant s employee and it appeared that the examination report had been written by him. Notice was, therefore, issued proposing cancellation of the licence. After c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... reafter presented the shipping bill with the examination report, to the Superintendent (Exports). The shipping bill would, therefore, have been in the possession of the appellant s employee in the meantime. The only alternative to the conclusion that the examination report was fabricated by the appellant s employee would be that it was fabricated by someone else only to put the appellant into difficulty. No such claim has been made and the reference does not contain material to come to such a conclusion. 6. The fact that the managing partner was not in Delhi is again of no relevance. It is up to CHA to ensure proper conduct of its employees. Further, Shukla has in his statement said that he was told on telephone on 22-2-1993 by Mrs. Jain ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ctioning for two years. The claim made by the appellant that Verma has left his employment without notice has not been rebutted. The fact that the consignment involved only books, and the claim that the appellant has had a good record so far both in Delhi and Srinagar, are relevant factors. The failure on the part of the managing partner to report the matter to Customs was bad but there is nothing to show that he encouraged the fabrication or was aware of it beforehand. Taking all these factors into account, I am of the view that permanent cancellation of the licence would be too harsh a step and that the appellant has paid the price for the fault of its employee, by being deprived of employment as CHA for over two years. 8. Only on this ..... X X X X Extracts X X X X X X X X Extracts X X X X
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