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TMI Blog2021 (9) TMI 204X X X X Extracts X X X X X X X X Extracts X X X X ..... h orders as he deems fit either revoking the suspension or continuing it, as the case may be, within 15 days from the date of hearing granted to the Customs Broker. Thus, even in cases where suspension order is issued on contemplation of charges or during the pending enquiry, the Commissioner has to follow the procedures contemplated under Sub-Rule (2) to Rule 19 of the Customs Broker Licensing Regulations 2013. In the present case, such an opportunity was provided and the suspension was continued in the impugned proceedings dated 15.06.2016. However, the proceedings initiated based on the allegations are yet to be concluded. The petitioner filed the present writ petition and by virtue of the interim order granted, the licence is allowed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oceedings were initiated against the writ petitioner and an order of suspension of license was issued under Rule 19 (1) of the Customs Brokers Licensing Regulations 2013. 4. The point, in nutshell, raised by the respondent is that the order of suspension was issued in the year 2016 and more specifically, after lapse of 7 months from the date of inspection conducted and therefore, the initial order of suspension itself was issued belatedly and thus the order impugned is to be set aside. 5. The learned counsel for the petitioner, relying on Rule 19(1) of the Customs Brokers Licensing Regulations 2013, contended that suspension is only an interim measure and cannot be continued for a longer period and more-so, the petitioner is conti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd will pass such orders as he deems fit either revoking the suspension or continuing it, as the case may be, within 15 days from the date of hearing granted to the Customs Broker. Thus, even in cases where suspension order is issued on contemplation of charges or during the pending enquiry, the Commissioner has to follow the procedures contemplated under Sub-Rule (2) to Rule 19 of the Customs Broker Licensing Regulations 2013. 8. In the present case, such an opportunity was provided and the suspension was continued in the impugned proceedings dated 15.06.2016. However, the proceedings initiated based on the allegations are yet to be concluded. The petitioner filed the present writ petition and by virtue of the interim order granted, t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... etitioner is enjoying the broker licence during the pendency of the writ petition. 12. This being the factum, the respondent is directed to proceed with the enquiry already initiated against the writ petitioner and conclude the same within a period of six months from the date of receipt of a copy of this order by following the procedures as contemplated under the Customs Brokers Licensing Regulations 2013. Till such time, the final orders are passed by the Competent Authority, the order of suspension, which is impugned in the present writ petition, dated 15.06.2016, is kept in abeyance. 13. With the above directions, the writ petition stands allowed. However, there shall be no order as to costs. Consequently, connected miscellaneo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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