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TMI Blog2013 (5) TMI 190X X X X Extracts X X X X X X X X Extracts X X X X ..... CHA licence. Appellant submits that department during the course of inquiry proceedings both the charges were held “not proved”, but thereafter the Commissioner held the charges have been proved and consequently revoked their licence,, which is not correct in the light of the decision of the Hon’ble High Court of Judicature at Bombay in the case of Rajan Virji & Co. [2010 (1) TMI 955 - BOMBAY HIGH COURT] Held that - In the course of inquiry proceedings, the inquiry officer has rightly held that the allegations are not covered under the charges under Regulation 13(n)/19(8). As the inquiry officer has held that charge has not been proved, do agree with the report of the inquiry officer that the offences committed by the appellant is “not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sity of Mumbai made through an agent for issuance of duplicate copies; but this policy was adopted by CHA, father-son deliberately to buy time, the CHA squarely failed to discharge their obligation under Regulation 13(n) read with Regulation 19(8) of CHALR, 2004 and merits immediate suspension and even revocation of CHA licence. In view of the said report, the CHA licence was placed under suspension and after post decisional hearing was fixed on three occasions. Suspension was continued thereafter proceedings under Regulation 22 of the CHALR was initiated and after inquiry report, personal hearing was granted and thereafter the CHA licence was revoked. Against the said order, the appellant was before us. 3. The ld. Counsel for the appella ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 21-3-2008, therefore, the impugned order be set aside. 4. On the other hand, the ld. AR supported the impugned order and submits that it is admitted guilt of the appellant that they have filed fake degree for conducting examination under Regulation 8 and the decision of the Hon ble High Court of Bombay in the case of M/s. Rajan Virji Co. (supra) is in jeopardy, therefore, the appeal be dismissed. 5. Heard both sides and considered the matter in detail. 6. As per the Regulation 2(c) which defines Customs House Agent means a person licensed under these regulations to act as agent for the transaction of any business relating to the entry or departure of conveyances or the import or export of goods at any Customs Station. Regulation 13( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rovisions, the main duty cast on the CHA is for transaction of any business relation to entry or departure of conveyances or the import or export of goods at any Customs Station. By filing application under Regulation (8) having incorrect information is not the duty cast under Regulation 2(c) of the Customs Regulations of CHALR, 2004 on the appellant. In the course of inquiry proceedings, the inquiry officer has rightly held that the allegations are not covered under the charges under Regulation 13(n)/19(8). As the inquiry officer has held that charge has not been proved, do agree with the report of the inquiry officer that the offences committed by the appellant is not stand proved under Regulation 13(n) and 19(8) of CHALR, 2004. 9. Fu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in not following the binding precedent. The precedent does not cease to be binding merely because in the opinion of the learned Judge, the same is challenged in the Supreme Court and its operation stayed by the Supreme Court. In the decision reported in AIR 1992 Supreme Court Page 1439 in the case of M/s. Shree Chamundi Mopeds Ltd. v. Church of South India Trust Association, Madras, the Hon ble Supreme Court has very succinctly pointed out the differenced between a judgment being quashed and set aside and its operation stayed by the higher court. The judgment being stayed does not wipe it out unless and until it is so wiped out, it continues to be binding on the lower and subordinate courts. Thus, the learned Judge ought to have decided th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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