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TMI Blog2011 (9) TMI 214X X X X Extracts X X X X X X X X Extracts X X X X ..... mployee of another company before joining them and since he was a G-Card holder already they did not take up any verification - lending the C.H.A. licence to others for monthly payments which is a serious offense - Held that letter of the Commissioner of Customs, Mumbai was not even shown to the Appellant during personal hearing nor a copy was given to them - set aside the impugned order - Commiss ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... der COFEPOSA from 1998 and there was some violations by some employees in Mumbai. He submits that according to law the Commissioner is required to have an investigation report based on which he can order suspension and in this case there is no investigation report at all. He drew our attention to para 20 of the order to submit that Commissioner has referred to a letter from Commissioner of Customs ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to others for monthly payments which is a serious offense. 2. We have considered the submissions of both the sides. The purpose of post-decision hearing is to give an opportunity to the Appellant to make submissions on the findings in the initial suspension order which can be issued pending enquiry. Therefore it is necessary that in the post decision hearing documents and records which form bas ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... issioner to give a fresh post-decision hearing after handing over a copy of the letter from Commissioner of Customs, Mumbai which forms the basis of suspension order and pass a fresh order after considering all the submissions that will be made by the Appellant within 30 (thirty) days from the date of this order. It is made clear that suspension will continue till one month from the date of this o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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