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TMI Blog2014 (9) TMI 440X X X X Extracts X X X X X X X X Extracts X X X X ..... ly disposed of at the stage of admission. It proceeded to dispose of the same finally. It is clear that when the appeal was being decided finally, the Tribunal relied only on the record produced by the respondent and not by the adjudicating authority. Thus, the complete record and proceedings were never called for. Secondly, the Tribunal if satisfied that principles of natural justice have been violated, then should have restricted its finding and conclusion only to that issue. The Tribunal then was not competent to express any final opinion on the merits of the charges. The Tribunal in doing that has clearly exceeded its jurisdiction. Order of the tribunal quashed - appeal restored to file of the Tribunal for being decided afresh - ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ahead and accepted the version of the respondent by omitting from consideration certain documents. The proceedings are of cancellation of licence as Customs House Agent. That was because the role played by the said agent in misdeclaration of goods under export in respect of a shipping bill. The goods were declared as Basmati Rice however, the test report and finding of the Competent Authority/Laboratory was that the product/goods were non-basmati rice. It is in these circumstances that the Customs House Regulations were stated to be violated. It is in that regard an inquiry was commenced. In the inquiry, several arguments were noted. The Tribunal has taken note of grievance of the respondent that the principles of natural justice have not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... icensing authority has restored the licence by order dated 22-5-2013 and pending this appeal. Now that the licence has been restored, the respondent does not wish to press the writ petition seeking a direction to the Authority to restore the licence. Once the licence is restored then nothing survives in this appeal and it is rendered infructuous by passage of time. Alternatively, it is submitted that each of the findings of the Tribunal are based on the material produced and therefore, they cannot be termed as perverse or vitiated by any error of law. The respondent is ready and willing to have a complete hearing on the merits of the charges as well. 5. The request is, therefore the appeal should not be entertained and rather be dismisse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... idered by the Inquiry Officer or the adjudicating Authority in the proceedings. If that was not considered and yet the Tribunal was inclined to go into the merits of the charges, then what impact/effect such report would have on the inquiry, should have been considered by the Tribunal. We do not find any reference to the certificates issued by the Laboratory and copies of which have been annexed to this Memo of Appeal. If the entire charge was baseless as held, there was no falsehood or alleged misdeclaration of the goods, then, it was incumbent upon the Tribunal to have considered this aspect in greater details. It should have had a complete version of both the sides. It should not have recorded such cryptic and brief reasons when the matt ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ngs recorded earlier. The Tribunal also should not be influenced by our observations in the present order. It is only to impress upon the Tribunal the fact that it is an Appellate Court and should not adopt a shortcut or short-circuit the proceedings in this manner that we have made the above observations. Beyond that we have not expressed any opinion on the rival contentions. We have not held that the inquiry was fair, just and proper or that the findings of the Inquiry Officer are not vitiated by perversity or by any error of law apparent on the face of record. All the contentions in that regard of both sides are kept open. The appeal shall be disposed of expeditiously, since it involves the question of livelihood of Customs House Agent. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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