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2016 (5) TMI 907 - HC - CustomsRevokation of CHA licence and forfeiture of security deposit - Licence suspended prior to SCN - No proceedings took place for almost 3 years after replies were filed by the petitioner to the SCN - Failure to adhere to the time limit under Regulation 22(5) of CHALR - Held that:- the case is identical to that of M/s S.K. Logistics Versus CC (General) New Delhi [2015 (11) TMI 1155 - CESTAT NEW DELHI]. The only explanation offered by the Department is that the earlier inquiry officer appointed to adjudicate the SCN dated 14th October, 2011 retired and it was only after the new inquiry officer was appointed by the letter dated 8th December, 2014 that the inquiry could be completed and a report submitted on 23rd January 2015. In the case of S. K. Logistics, this Court held that this was hardly a justification for not adhering to mandatory time limit set out in Regulation 22(5) of the CHALR. Therefore, this Court quashes the Order-in-Original passed in the case of the Petitioner. Any action taken consequent to the impugned order and the Inquiry Report that led to its passing shall also stand quashed. The Petitioner's CHA licence is stated to have expired in the meanwhile and not renewed. The Respondent will process the Petitioner‟s application for renewal of its licence in accordance with law without any unnecessary delay. - Decided in favour of petitioner
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