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2012 (12) TMI 52

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..... ndent and quash the same. 2. Writ Petition No.17689 of 2012 is filed praying to issue a Writ of Certiorari and call for the records pertaining to impugned inquiry report dated 11.5.2012 in C.No.VIII/48/01/2010-Adjn issued under Regulation 22(5) of Custom House Agents Licensing Regulations, 2004 by the second respondent pending and quash the same.   3. Mr.Rajasekar, learned Senior Counsel for Customs and Central Excise takes notice for the respondents. The relief sought for in both the writ petitions is connected with each other. By consent both the writ petitions are taken up together for final disposal.   4. The petitioner in both the cases is a Custom House Agent duly authorised by the Commissioner of Customs and Central Exci .....

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..... he CHA license and such action would either be limited to a particular customs station where a violation has been noticed or action against the CHA in general, applicable at all customs stations where the CHA operates, depending upon the gravity and seriousness of the violation. Where the CHA licence is suspended, all 'G' and 'H' cards issued in respect of that licence would become non-operational.   5.2 Further, it is also clarified that the Commissioner of Customs at a customs station who had authorised a CHA to operate on 'C' form intimation, should inform the details of violations to the Commissioner of Customs at the customs station from where the CHA licence was issued for such CHA, so that necessary action for suspension or rev .....

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..... e moment.   Additionally, it also appears that the same CHA was involved in a case of fraudulent Drawback availment, in respect of M/s.Q.S.Overseas at CFS-Dronagiri, Nhava Sheva. The case was adjudicated and a penalty of Rs.1 lakh on the CHA and Rs.1 lakh on the employee of the CHA, were levied. Based on this, the Thiruvananthapuram Commissionerate has issued an SCN to the said CHA, proposing to revoke their CHA licence and for forfeiting of their deposit. This is brought to your notice.   Additional details pertaining to the initiation of action, as sought for in the said reference are being obtained."   He also issued another letter dated 18.11.2012 and it reads as follows:-   "To   Shri Rajasekar.K.   .....

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