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2014 (9) TMI 379 - HC - CustomsSuspension of CHA licence - order has been passed in the absence of any action which is immediately necessary, as provided in sub-regulation (2) of Regulation 20 - no further action was taken under Regulation 22 of the Regulations - Held that:- unfortunately, though the impugned order was passed on 16.03.2010, the Commissioner of Customs, has not passed final order under Regulation 22 for the past four years. Absolutely, no reason has been offered by way of explanation for this inaction on the part of the Commissioner in the counter. Though the counter was filed on 22.11.2010, no reason has been stated even during the course of argument by the learned counsel for the respondent as to why no order has been made under Regulation 22, so far. The conduct of the Commissioner of Customs in this matter, though the allegations against the petitioner appear to be serious, cannot be appreciated. The learned counsel for the petitioner would submit that the suspension of licence may be revoked and the Commissioner may be directed to hold an enquiry and pass appropriate orders under Regulation 22 of the Regulations. In my considered opinion, that course is not possible and the only course which could be adopted is to issue a direction to the Commissioner to hold appropriate enquiry and pass a final order under sub-regulation (7) of Regulation 22 within a period of six weeks from the date of receipt of a copy of this order. The writ petition is dismissed as not maintainable, however, with a liberty to the petitioner to file appeal before the Tribunal, if so advised - Decided against the CHA.
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