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2016 (7) TMI 1521 - AT - CustomsSuspension of CHA License - regulation 20(2) of the Customs House Agents Licensing Regulations, 2004 - suspension on the ground of failure to obtain authorisation from importer, failure to advise the importer to comply with the provisions of the Customs Act, 1962 and failure to verify the antecedents of importer, the last was not proved but the other two were - HELD THAT:- The proceedings were initiated under the erstwhile Customs House Agents Licensing Regulations, 2004 and completed under Customs Brokers Licensing Regulations, 2013; both these Regulations prescribe a schedule for completion of the proceedings and for each intermediate stage. The inquiry report is to be submitted within six months of receipt of offence report and decision on revocation passed within another three months thereafter. We find that thirty months have elapsed between the incident and submission of report of inquiry officer. There is no evidence of contributory negligence on the part of the appellant in this delay. The revocation order was itself passed more than seven months after submission of the inquiry report. Besides the delay on the part of the Commissioner, there has been an inordinate and unexplained delay in the entire proceedings from the beginning to the end. The relationship between the customs broker and licensing authority is a statutory one. While the authority is not employer of the brokers, the brokers themselves are dependent upon the licence for their livelihood, as well as that of their dependents and their employees. Considering the relationship, though certainly not one of master-servant, revocation of a licence has as grave consequences as that of dismissal of an employee in an organisation. Accordingly, the sanctity of procedure and adherence to principles of natural justice can be no less, rigorous than that prescribed for disciplinary proceedings. The Regulations prescribe strict adherence to time-lines and, in the event of non-compliance, the proceedings stand vitiated - the restoration of licence of the appellant is directed with immediate effect.
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