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TMI Blog2015 (11) TMI 199X X X X Extracts X X X X X X X X Extracts X X X X ..... 3), an opportunity of hearing should be granted to the licensee within 15 days from the date of suspension. This opportunity is only in respect of suspension. The Regulation 20 also deals only with suspension. - Department appears to have taken advantage of the expressions 'suspension' appearing under Regulation 20 as well as Regulation 22. The power to order suspension under Regulation 20 is in cases where further proceedings are sought to be initiated. The suspension contemplated under Regulation 22 is by way of penalty after the enquiry. The distinction between two Regulations is that one is a suspension pending enquiry and the other is a suspension by way of penalty. - Decided against Revenue. - C.M.A.No.349 of 2015 And M.P.No.1 of 201 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f appointment of the enquiry officer was challenged by the respondent in W.P.No.8409 of 2013, on the ground that without even issuing show cause notice, within the period of limitation, an enquiry officer had, straightway, been appointed. It was also the contention of the respondent that even the order of appointment of the enquiry officer was beyond the period of limitation. 5. Both the grounds of challenge were upheld by the learned Judge, by an order dated 14.3.2014 and the order of appointment of the enquiry officer was set aside by the learned Judge. 6. The Revenue has filed an appeal in W.A.No.1719 of 2014 as against the said order of the learned Judge. In the appeal, a Division Bench of this court has granted a stay on 9.1.2015 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n the original order of suspension dated 30.10.2012 and in the order of continuation of suspension dated 26.12.2012, the charges against the respondent have been made amply clear and that the respondent also had also been furnished with necessary documents. In other words, the bare fact that no independent show cause notice was issued, is not disputed by the learned Senior Panel Counsel. 10. What the learned Senior Counsel wants to do is to read the show cause notice into the original order of suspension and the order of continuation of suspension. We are afraid that we cannot do that. The objection of the order of suspension is completely different from the object of issuance of the show cause notice. The Regulations in this regard are ..... X X X X Extracts X X X X X X X X Extracts X X X X
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