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2014 (11) TMI 695 - AT - CustomsSuspension of license of the CHA - Regulation 20 (2) of CHALR 2004 - Non issuance of SCN - Held that:- offence report was filed on 18.10.2012. After the receipt of the offence report, the only course to be adopted by the first respondent is to issue a show cause notice within 90 days to the petitioner. Unfortunately in the present case, although 41 days had lapsed till the filing of the writ petition, the first respondent has not come forward to issue the show case notice to comply with the mandatory conditions adumbrated under Regulation 22(1) of the Regulations. Therefore, in the present case, as rightly indicated by the learned counsel for the petitioner with the help of the precedent order passed by High Court, where this Court was inclined to quash a similar proceeding finding fault with the respondent that there was a delay of seven days in issuing the show cause notice, this Court has no hesitation to interfere with the impugned proceedings, for the simple reason that in this case, there was no show cause notice issued till now - Decided in favour of appellant.
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