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TMI Blog2014 (1) TMI 1675X X X X Extracts X X X X X X X X Extracts X X X X ..... - Essential qualifications - Held that:- Regulation also enjoins that the minimum educational qualification of a person intended to be so employed shall be 10+2 or equivalent. In the absence of any requirement enjoined on the CHA to conduct an inquiry into the genuineness of the educational certificates produced by a person intending to be employed with the CHA for assisting it, we find no requir ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g with conditions of the bond executed by the appellant under Regulation 10, and failure in complying with Regulation 19(1) and 19(8). In para 2, 4 and 5 of this notice, it was alleged that appellant had applied to custom authorities for issuance of H card to one of its employees Shri Alijah Taqvi on 19-1-2008; had projected him as being a 12th class passed candidate; and had enclosed with the a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or the Assistant Commissioner of Customs, designated by the Commissioner of Customs for the purpose. Regulation 19(8) requires the CHA to exercise such supervision as is necessary to ensure the proper conduct of its employees in the transaction of business and enjoins that the CHA would be responsible for all acts or omissions of its employees in regard to the employment. 2. Eventually, the im ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt who employed on 19-5-2006. This employee had served not only the appellant Trade Wings but several others. On the ground that the employee s educational qualification was not in terms of the Regulation, proceedings were initiated against Trade Wings and ₹ 20,000/- out of the security deposit furnished, was forfeited. This Tribunal concluded that no mala fide intention of the appellant was ..... X X X X Extracts X X X X X X X X Extracts X X X X
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