9911796707
TMI Blog2023 (3) TMI 903X X X X Extracts X X X X X X X X Extracts X X X X ..... n made by the respondent/writ petitioner in the post-decisional hearing offered to them upon suspension of the customs broker license. The second view which is possible that if both the officers are one and same person and if he is discharging duties under two different and distinct capacity under two enactments whether it can be termed that he will be judging his own cause, this controversy need not be gone into for the simple reason that the post-decisional hearing should be an effective hearing and the principles of natural justice have to be followed and any iota of bias or prejudice should not surface in the decision making process. The learned writ Court has not laid down legal principles and in the light of the grounds raised by t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the matter. The first view is that if both the officers are one and the same person, it may give an impression that the officer may be judging his own cause while considering the correctness of the submission made by the respondent/writ petitioner in the post-decisional hearing offered to them upon suspension of the customs broker license. The second view which is possible that if both the officers are one and same person and if he is discharging duties under two different and distinct capacity under two enactments whether it can be termed that he will be judging his own cause, in our view this controversy need not be gone into for the simple reason that the post-decisional hearing should be an effective hearing and the principles of natur ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ral Govt. Offices), a person when conducting investigation acts as an Investigation Officer. But, when the same person sits on a position to adjudicate cases, he acts as an Adjudicating officer. There is a clear cut demarcation of responsibilities in the Commissionerates. Casting aspersions on the intentions of a responsible officer when he is acting as an Adjudicating Officer will only lead to improper functioning of the Commissionerates. Responsibilities and power have been vested on the seat and not a person . It was the very intention of Government of India for speedy and proper functioning of departments. VIII. For that in the present case the Commissioner of Customs (Airport ACC) who has issued the impugned order of suspens ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... above observations, the appeal stands dismissed and consequently the connected application also stands dismissed. Time for compliance of the directions issued by the learned Single Bench is extended by a period of 30 days from the date of receipt of the certified copy of this order. 5. The above direction extending time limit will not in any manner prejudice the respondent/writ petitioner, as they have already preferred a separate writ petition stating that the order of suspension of the customs broker license beyond the time limit prescribed under the regulation is invalid and therefore the license should be restored. The respondent/writ petitioner is at liberty to urge all grounds in the writ petition filed by them as stated above. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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