2011 (2) TMI 1082

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..... lating enquiry against the appellant - Held that:- It appears from the records that memo of articles of charges against the appellant is under preparation and that an inquiry officer and a presenting officer are being nominated. Under instructions from the Commissioner, the JDR submits that the articles of charges will be issued to the appellant within a week's time and that, if the appellant co- .....

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..... ko The application for out-of-turn disposal of the appeal is allowed and the appeal itself is taken up for final disposal. 2. This appeal filed by the appellant (Customs House Agent) is directed against order dated 22.10.2009 of the Commissioner of Customs (General) suspending the operation of the CHA licence with immediate effect. The Commissioner's order indicates that information was rec .....

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..... f the licence. 3. The learned counsel for the appellant submits that any chargesheet is yet to be issued by the Commissioner under Regulation 22 of the CHALR 2004, and that such inaction on the part of the Commissioner shows that there was no urgency for immediate action against the appellant when the impugned order was passed. The learned counsel has also referred to the Hon'ble High Court's .....

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..... officer are being nominated. Under instructions from the Commissioner, the JDR submits that the articles of charges will be issued to the appellant within a week's time and that, if the appellant co-operates with the Commissioner, the proceedings against him would be completed within a period of three months. These submissions have been made under instructions from the respondent-Commissioner a .....

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..... lient has also been taken note of. The appellant shall fully co-operate with the inquiry officer and the Commissioner of Customs in the relevant proceedings. Given such co-operation, the respondent-Commissioner is expected to pass final order in the matter within the period stipulated above. If he fails to do so in spite of the appellant's cooperation, the impugned order will stand set aside. .....

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