9911796707
TMI Blog2002 (5) TMI 145X X X X Extracts X X X X X X X X Extracts X X X X ..... orders. 2. The short question that arises for consideration is as to whether the Commissioner of Customs has passed the order of suspension properly in terms of Regulation 21 (2) of CHALR 84. Regulation 21 provides that the suspension or revocation of licence and Regulation 23 provides the procedure for suspending or revoking the licence under Regulation 21. The second proviso to Regulation 21 reads - "Notwithstanding anything contained in sub-regulation (1), the Collector may, in appropriate cases, where immediate action is necessary, suspend the licence of a Custom House Agent where an enquiry against such agent is pending or contemplated". 3. We have heard ld. Advocate Shri A.K. Jayaraj and Consultant Shri M.S. Kumaraswamy and Shri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dated 29-5-2001 [2001 (135) E.L.T. 95 (T)] have also likewise held that suspension order without giving reasons as to why the SCN is dispensed with as required under Regulation 23 has not been given and such an order is bad in law. Reference was also drawn to the judgment of Hon'ble Delhi High Court in the case of Rajinder Kumar Goyal v. CC - 1995 (79) E.L.T. 54 (Del.) wherein this very issue of suspension without notice by invoking Regulation 21(2) for an immediate steps was discussed. The Hon'ble High Court has noted that issue of suspension order after a period of 11/2 Years of the alleged illegality cannot be considered as falling within the terms of "immediate action for suspension of licence" in terms of Regulation 21(2) of CHALR 84. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the submissions, we are of the considered opinion that the Commissioner's power to invoke Regulation 21 (2) of CHALR 84 on the appellant's licence cannot be challenged. The said regulation is specific in granting such a power to the Commissioner in appropriate cases to invoke Regulation 21(1) of CHALR 84. However, the reasons and circumstances requiring them for invoking immediate suspension has to be brought out in the order and should be spelt out as to why the Commissioner is invoking Regulation 21(2) and proceeding to suspend CHA licence without issue of SCN and the procedure contemplated under Regulation 23. Unless this is stated and brought out and shown the necessity to invoke Regulation 21(2) and justifiable reasons, the action ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... In the absence of any indication that there was application of mind by the Collector on the aspect as to whether immediate action was necessary, in my opinion, the impugned order cannot be sustained. The Collector gets jurisdiction to suspend the licence in cases where immediate action is neces sary. In this view I consider it just and appropriate to pass the following order:- The writ petitions allowed and the impugned order dated 26-9-1994 issued by the respondent is quashed. It is open to the respondent if so desired to exercise the power under Section 21(2) and pass appropriate orders. 10. The learned counsel for the applicant in the contempt application states that the contempt application may be dismissed as not pressed. According ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and the suspension order has not been issued immediately bringing out the reasons as to why immediate action of suspension is required to be done. By resorting to Regulation 21(2) of CHALR'84 and not proceeding to call for issue of SCN, the Commissioner has only brought out the facts in the impugned order but has not given the reasons as to why he is putting the appellant under suspension with immediate effect. Without resorting to Regulation 23, the order in the light of all the judgments cited cannot be applied and requires to be set aside which we order accordingly. However, the Commissioner is at liberty to proceed afresh in the matter by following the principles of natural justice and procedure laid down under CHALR'1984. Appeal is all ..... X X X X Extracts X X X X X X X X Extracts X X X X
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