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2006 (11) TMI 281 - HC - CustomsCustom House Agent- The respondent was holding the Custom House Agent licence bearing CHA licence No. 11/430 issued under these regulations. The same was suspended by the appellant by order in view of serious allegations of misconduct against the Firm for the act of its employee one Rehman Iqbal Shaikh authorised under Regulation 8 of these regulations (referred as Regulation 8 employee). The allegations were arising out of two incidents viz. (i) misdeclaration of the value of a Volkswagen Car and deliberately giving wrong name of country of export and also of the importer to avoid the correct duty. This was in April 2005 at Air Cargo Complex at Sahar and (ii) the other incident was in May 2005. That was concerning the outright smuggling of a Mercedes Benz Car at JNPT Nhava Sheva. Held that- employee had no authority to go into custom area except as regulation 8 employee of firm. Department entitled to interfere that CHA party to entire episode. Principles of vicarious liability of master applicable commissioner rightly revoked licence as responsible for happenings in custom area. Tribunal not expected to interfere on basis of own notions difficulties of CHA or employees. Tribunal not justified in setting aside revocation.
Issues Involved:
1. Justification of the CESTAT's decision to set aside the revocation of the CHA license. 2. Requirement of fresh security for the restoration of the CHA license. Issue-Wise Detailed Analysis: 1. Justification of the CESTAT's Decision to Set Aside the Revocation of the CHA License: The Customs Appeal No. 37 of 2006 was filed to examine whether the CESTAT was justified in setting aside the revocation of the CHA license considering the facts and circumstances of the case and the material available on record. The respondent's CHA license was revoked due to serious allegations of misconduct involving two incidents: misdeclaration of the value of a Volkswagen Car and outright smuggling of a Mercedes Benz Car. The suspension and subsequent revocation were based on violations of the Customs House Agents Licensing Regulations, 2004, specifically Regulations 13(d), 13(e), 13(1), 13(n), and 19(8). The CESTAT set aside the revocation, arguing that the Firm was not served with any Show Cause Notice and was not aware of the employee's misconduct. However, the High Court found that the respondent did not participate in the enquiry and only filed a reply after the enquiry report was submitted. The court emphasized that the CHA is responsible for the acts and omissions of its employees under Regulation 19(8), and the respondent's defense of the employee's actions indicated vicarious liability. The court concluded that the Tribunal's decision was perverse and interfered with the disciplinary measures necessary for maintaining discipline in the Customs area. 2. Requirement of Fresh Security for the Restoration of the CHA License: Customs Appeal No. 39 of 2006 was filed by the respondent challenging the CESTAT's order that directed the Firm to provide fresh security for the restoration of the CHA license. The High Court noted that since the revocation of the license was justified, there was no occasion to take any further security for the purposes of renewal of the license. The court dismissed the appeal, emphasizing that the disciplinary authority's decision should not be interfered with unless it is shockingly disproportionate or mala fide, which was not the case here. Conclusion: The High Court allowed Customs Appeal No. 37 of 2006, setting aside the CESTAT's order and restoring the revocation of the CHA license. Consequently, Customs Appeal No. 39 of 2006 was dismissed, and there was no need for fresh security for the renewal of the license. The court emphasized the importance of maintaining discipline in the Customs area and upheld the disciplinary authority's decision.
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