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TMI Blog2006 (7) TMI 436X X X X Extracts X X X X X X X X Extracts X X X X ..... sposal. 2. Learned Counsel for the appellant (CHA) submits that, by the impugned order, the Commissioner has done injustice to the CHA by continuing the suspension of their licence till 31-10-2006 without any valid reason. It is submitted that the suspension of licence was ordered under Regulation 20(2) of the Customs House Agents Licence Regulations, 2004, in the wake of launch of investigations by the CBI into certain exports made by some of the erstwhile clients of the CHA in August, 2003. It is submitted that the said investigations were occasioned by a belated discovery of non-realisation of export proceeds. The exports were otherwise complete and the CHA s role was over. The drawback claims filed by the exporters were also allowed b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ragraphs 12 and 13 of the High Court judgment which read as under :- 12. An order of suspension, pending enquiry, passed under Regulation 20(2) cannot be construed as an order of punishment nor as an order of suspension, which deals only the substantial punishment, intended in Regulation 22(1) nor such an order of suspension, pending enquiry, would stand as a stigma on the appellant while the respondent proposed to pass final orders by following the procedure prescribed under Regulations. Therefore, the reference to Section 22(1) of the said Regulation and the context made in that regard by the learned Counsel for the appellant is totally misnomer, inasmuch as the interim suspension passed under Regulation 20(2) pending cancellation proc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pletion of the enquiry. The question now is whether the suspension of their licence in 2006 would constitute immediate action with reference to the enquiry against them, which was started as far back as in 2004. We think, there is another aspect also to be considered under Regulation 20(2) ibid, and the same is whether this is an appropriate case for such immediate action. Against this background, we consider the impugned order, which states that the Government have been defrauded to the tune of Rs. 2.04 crores due to callous attitude of the CHA and further that investigation of the case is proposed to be handed over to CBI. Learned Commissioner further says that revocation of suspension order at this juncture will be detrimental to i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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