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2014 (12) TMI 357 - CALCUTTA HIGH COURTSuspension of CHA license - Regulation 22 of the Customs House Agents Licensing Regulations, 2004 - violating of any of the conditions enshrined under Regulation 13 - disciplinary authority did not agree with the findings of the enquiry officer and proceeded to impose the penalty in the form of revocation of licence - disciplinary authority did not communicate to the petitioner the reasons for disagreement with the enquiry report as such disagreement sees the light of the day in the impugned order - Held that:- As the order-in-original impugned in this writ petition have been passed in gross violation of principles of natural justice, it does not get cured by an appellate court by affording of fullest opportunity to the petitioner to canvass all the points which were available to him before the disciplinary authority or is available before the appellate authority. The unfair trial does not get corrected and/or rectified by providing an opportunity of hearing before the appellate authority. Therefore, this Court does not agree with the submission of the department that the writ petition should be thrown on the ground of alternative remedy. Court finds that the order impugned in this writ petition cannot be sustained and is hereby quashed and set aside. - Decided in favour of appellants.
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