2016 (3) TMI 771

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..... House Agent - Enquiry conducted without issuing any show cause notice under section 22(1) ibid and an opportunity of personal hearing - Held that:- there is clear violation of principles of natural justice. Therefore, the petitioner should be given relief in the writ petition filed under Article 226 of the Constitution of India and the Tribunal's order is set aside. - Matter remanded back
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..... personal hearing to the petitioner on 25.07.2012. The petitioner appeared for the personal hearing through his counsel and filed written submissions dated 30.07.2012 assailing the allegations levelled against the petitioner for suspending its licence. After considering the written submissions filed on behalf of the petitioner, the respondent, by order dated 09.08.2012, confirmed the order of suspe .....

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..... how cause notice under Regulation 22(1) of the Customs House Agent Licensing Regulations, 2004 was issued. In such circumstances, the question of conducting enquiry by the Enquiry Officer did not arise. 4. The Tribunal heard the appeal pending before it in connection with the suspension of the CHA licence on 28.05.2015 and passed final order by allowing the petitioner's appeal. However, the r .....

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..... ribunal should not have rejected the report of the Enquiry Officer. 6. Since the petitioner was not served with any show cause notice and given an opportunity of personal hearing, they had no opportunity to put-forth their case. Therefore, in the absence of any show cause notice as contemplated under Regulation 22(1), it is clear violation of principles of natural justice by the Enquiry Officer. .....

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..... the petitioner. 10. Accordingly, the impugned order dated 02.09.2015 is set aside and the matter is remanded back to the respondent for fresh consideration. The Enquiry Officer is directed to issue show cause notice to the petitioner and the petitioner shall file their reply to the show cause notice and after the receipt of the reply and affording due opportunity of personal hearing to the petit .....

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