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2013 (1) TMI 126 - AT - CustomsSuspension of operation of the CHA license - Stay of operation of the order - Customs House Agent – Principal of natural justice - The suspension of the CHA licence is in force from 02/09/2011 - The period of 90 days is the outer limit for taking action under Regulation 22 - An inquiry is still being contemplated against the CHA for over 10 months Held that:- The suspension order had stated that an inquiry was contemplated against the CHA. Today the report from the side of the respondent indicates that action under Regulation 22 is yet to be taken. By no stretch of imagination can any prudent man say that such contemplation of action against the CHA for an indefinite period is in keeping with the principles of natural justice or with the spirit of the legal provisions. We are told that about 50 employees of the CHA are without livelihood on account of the suspension of CHA licence without any follow-up action on the part of the Commissioner of Customs. Accordingly, it is ordered that, if no action is initiated by the respondent in the above matter before 17/08/2012, the suspension order will stand set aside w.e.f. 18.08.2012.
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