9911796707
TMI Blog2013 (1) TMI 126X X X X Extracts X X X X X X X X Extracts X X X X ..... gainst the CHA for an indefinite period is in keeping with the principles of natural justice or with the spirit of the legal provisions. We are told that about 50 employees of the CHA are without livelihood on account of the suspension of CHA licence without any follow-up action on the part of the Commissioner of Customs. Accordingly, it is ordered that, if no action is initiated by the respondent in the above matter before 17/08/2012, the suspension order will stand set aside w.e.f. 18.08.2012. - C/2881/2011 - FINAL ORDER NO.459/2012 - Dated:- 11-7-2012 - P.G. Chacko And M. Veeraiyan, JJ. Appellant Rep by: Mr Nirmal Kanti Ghosh, AR Respondent Rep by: Mr Ganesh Haavanur, Addl. Commissioner (AR) Per: P.G. Chacko: This ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... st-decisional hearing on 19/09/2011 and passed the impugned order for continuance of suspension of operation of the CHA licence until further orders. The present application seeks stay of operation of this order of the Commissioner. 2. This matter arose before us on a few occasions in the past and the same stood adjourned from time to time for want of relevant information from the appellant and the respondent. In the wake of a submission made by the counsel for the appellant that a Writ Petition had been filed in the Hon'ble Calcutta High Court against a prohibitory order issued by the Commissioner of Customs, Kolkata, we required the appellant to produce a certified copy of the Hon'ble High Court's order. Such copy is produced by the app ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he DRI on the CHA's alleged involvement in certain export cases on 17/05/2012. As per this report, the Commissioner has some more time left for action under Regulation 22. The learned Additional Commissioner (AR) has expressed the hope that such action will be taken in due time. 4. We are not happy with the mere expression of hope as above. The suspension of the CHA licence is in force from 02/09/2011. The suspension order had stated that an inquiry was contemplated against the CHA. Today the report from the side of the respondent indicates that action under Regulation 22 is yet to be taken. The period of 90 days mentioned in the respondent's report is the outer limit for taking action under Regulation 22. It is unfortunate that an inquir ..... X X X X Extracts X X X X X X X X Extracts X X X X
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