9911796707
TMI Blog2000 (6) TMI 187X X X X Extracts X X X X X X X X Extracts X X X X ..... ustom House Agent with the Commissioner of Customs, Jaipur holding CHA Licence No. 02/CHAL/R/99. His licence has been suspended by the Commissioner by Order dated 25-4-2000. This Order is reproduced below: - "Whereas an enquiry against Shri N.K. Meena, CHA is pending/contemplated. Now therefore, the undersigned, in exercise of the powers conferred by sub-regulation (2) of Regulation 21 of Cust ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mpugned order does not disclose the necessity of immediate action nor does it mention the matter in respect of which an enquiry is pending or contemplated. It is also submitted that the suspension of the licence has severely affected the livelihood of the appellant and it employees, therefore, immediate consideration on their appeal is prayed. The ld. Advocate in support of his case has relied on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... v. Collector - 1993 (68) E.L.T. 419 (Tribunal), (iv) Trinity Shipping and Allied Services v. Collector 1994 (50) ECR 319 (Tribunal) and (v) Vikas Shipping Agency v. Commissioner 1998 (98) E.L.T. 275 (Tribunal). The Tribunal in the cited case has held that suspension of CHA licence is not sustainable unless the suspension order indicates application of mind by the Commissioner to the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... st the appellant. In the result, I find that the order is completely arbitrary and not in accordance with the provisions of Regulation 21(2) of the CHALR and the norms of justice. 6. In view of the above findings, I set aside the order appealed against and allow the appeal. It is, however, made clear that this order does not preclude the Commissioner from exercising his powers under Regulation 2 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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