9911796707
TMI Blog2016 (4) TMI 1020X X X X Extracts X X X X X X X X Extracts X X X X ..... after the intervention of the Tribunal. Even after issue of such show cause notice, the inquiry report was not submitted within 90 days as required by the provisions of Regulation 22(5) of CHALR 2004- Regulation 20(5) of CBLR 2013. Even the impugned order dated 27.06.2013 was issued to the appellant on 3.7.2013 -beyond the period of 90 days of submission of inquiry report. We find that the Tribunal as well as Hon’ble High Courts held that the time limit prescribed under the CHALR/CBLR are to be strictly adhered to. Delay in proceedings, in any stage, will have a bearing on the legality of the proceedings. In Sanco Trans Ltd. [2015 (7) TMI 455 - MADRAS HIGH COURT], the Hon'ble Madras High Court held that the show cause notice should be i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re found to be Muriate of Potash (MOP) instead of Cobalt Sulphate as declared in the shipping bills. Proceedings were initiated against the appellant for violation of the provisions of the Customs House Agent Licensing Regulation , 2004. The licence was suspended on 17.06.2011, the suspension was confirmed on 26.07.2011. On appeal filed by the appellant, the Tribunal vide Final Order dated 9.8.2012 directed the Original Authority to adjudicate the case after issue of show cause notice. A show cause notice was issued on 11.10.2012. Inquiry report was submitted on 26.03.2013. The impugned order dated 27.06.2013 was issued cancelling the licence of the appellant. The main allegations considered by the Original Authority are that the appellant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ancellation of the licence. We find that the licensing authority was informed of the offence vide order received on 31.05.2011. The licence was suspended on 17.06.2011 which was confirmed on 26.07.2011. A show cause notice was issued on 11.10.2012. Such notice has been issued after more than 16 months of offence report, that too after the intervention of the Tribunal. Even after issue of such show cause notice, the inquiry report was not submitted within 90 days as required by the provisions of Regulation 22(5) of CHALR 2004- Regulation 20(5) of CBLR 2013. Even the impugned order dated 27.06.2013 was issued to the appellant on 3.7.2013 -beyond the period of 90 days of submission of inquiry report. We find that the Tribunal as well as Hon bl ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
