9911796707
TMI Blog2013 (6) TMI 272X X X X Extracts X X X X X X X X Extracts X X X X ..... s warranted to prevent a further misuse of the CHA licence. Counsel appearing on behalf of the Petitioner states that a representation has already been submitted on 24 January 2012 for the lifting of the prohibition. The Commissioner of Customs (General) is directed to pass orders on the representation after furnishing to the Petitioner an opportunity of being heard within a period of four weeks from today. - Writ Petition (L) No.1102 of 2013 - - - Dated:- 9-5-2013 - D Y Chandrachud and A A Sayed, JJ. For the Appellant : Mr Rajeev Ravi Mr Krishna Kumar For the Respondent : Mr Pradeep S Jetly JUDGEMENT:- Per: D Y Chandrachud: The Petitioner has challenged an order dated 12 September 2012 passed by the Commissioner of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tions. ). The grievance of the Petitioner is that there was no compliance with the principles of natural justice before the prohibitory order was passed. 3. Regulation 21 does not exclude the requirement of complying with the principles of natural justice. As a matter of first principle, even when a statute or statutory regulation is silent in regard to compliance with the principles of natural justice, natural justice is to be read into the provision. However, it is equally well settled that in a case where urgent action is required, particularly in public interest, it may not always be appropriate or efficacious to furnish a pre-decisional hearing. Where immediate action is required, the authority can be directed to give an opportunity ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Petitioner relied upon a report of the Committee on Subordinate Legislation dated 8 March 2007 in the Rajya Sabha. The Committee considered the provisions of Regulation 21. The relevant extract from the report of the Committee is as follows: Point referred Regulation 21 provides that the Commissioner of Customs may prohibit any agent for working in one or more section of the Customs stations if he is satisfied that the agent has not fulfilled his obligation under regulation 13. Can the regulation not be modified so as to prescribe that such order of prohibition should carry the reasons recorded in writing in order to avoid arbitrariness in such decisions? Ministry's reply Through it is not specially mention ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... functioning of a Customs Station, it would be open to the Commissioner under Regulation 21 to pass an immediate prohibitory order for a limited period and to afford to the CHA, in the meantime, an opportunity of being heard. Pursuant to that opportunity, it is open to the CHA to place facts on record in support of the plea that the prohibitory order ought not to have been passed. This would balance both the need to observe the principles of natural justice on the one hand and the necessity of protecting the public interest in appropriate cases where immediate action is warranted and where delay would be prejudicial to the public interest. 5. In the facts of this case, the Commissioner of Customs (General) was satisfied that immediate act ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
