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2016 (12) TMI 519 - HC - CustomsJurisdiction of Tribunal - punishment imposed on CHA - the person approached the CHA and identified himself as representative of the exporter, the CHA in the present case did not bother to verify the information provided and based on that testing the antecedents of the exporters - Held that: - in substantive adjudication proceedings against the exporter, the Tribunal found that the present Respondent /Appellant before it cannot be penalized. The penalty imposed in adjudication proceedings was set aside. That was with certain observations. Secondly, this was a case where the Enquiry Officer had exonerated the Respondent from all charges. The disciplinary authority disagreed with them. The charges are not as serious as involving oneself in fraudulent activity. Finally, it was found that the CHA licence was suspended. However, that suspension was revoked after two months. Thereafter, the enquiry ended as above. Till the Commissioner / Disciplinary Authority passed an order in March 2014, the CHA licence was under operation. Thereafter, from March, 2014 till the Tribunal passed the impugned order and duly communicated in to the parties, the licence was revoked. In the facts and circumstances of the present case this was adequate punishment, according to the Tribunal. We do not find the discretion to be exercised either arbitrarily or capriciously. The impugned order cannot be termed as perverse or vitiated by any error of law apparent on the face of the record either. In such circumstances, there are no substantial questions of law arising from the impugned order. The appeal is devoid of merits and is dismissed.
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