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2016 (12) TMI 635 - CESTAT MUMBAIRevocation of CHA licence - forfeiture of entire amount of security deposit - Appellant has sublet the licence against consideration to various companies - violation of Regulation 12, 13(a), 13(d). 13(e). 13(n), 13(o), 19(8) of CHALR, 2004 - Held that: - in the identical modus operandi of the present case, it was held that this sort of arrangement is not subletting of licence. As regard the Commissioner’s finding with regard to violation of other regulations, we find that, the genesis of entire case is the charge of subletting of the licence. We hold that in the present case there is no case of subletting & CHA Licence therefore violation of all other regulations being consequential would not sustain. Moreover, all the charges except the violation of Regulation 12 of the Regulations were either ‘disproved’ or ‘not proved’ by the enquiry officer. On careful reading of the repot of enquiry officer we are in agreement for holding the various regulations as ‘disproved’ or ‘not proved’. As per our above discussion, we are of the considered view that the department’s case of revocation of licence is not sustainable - appeal allowed - decided in favor of appellant.
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