TMI Blog2001 (5) TMI 519X X X X Extracts X X X X X X X X Extracts X X X X ..... vision of CHALR 1984, dated 2-2-2001 by the Commissioner of Customs, Trichy and Chennai respectively without issue of show cause notices and without granting any personal hearings. Therefore, the Appellants have filed Miscellaneous applications seeking early hearing as the appellants businesses have come to a grinding halt. It is further submitted that the impugned orders are in violation of principles of natural justice. They rely on the judgment of the Tribunal rendered in the case of Varun Forwarders v. CCE reported in 2001 (129) E.L.T. 384 (T) wherein a similar order of suspension without issuance of show cause notice and without gathering evidence in the matter has been set aside. The ld. Counsel also relied on the decision rendered by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... relation to the volume of work conducted by the Assessee, and led to the inference that the licensee permitted some other person to use the licence, which required investigation. 2. We agree that the delay by the custom house agent in producing the information called for reflects on his competence and abilities. Certainly, if the Custom House agent cannot even reply to the customs house in time, whether he would be able to deal with the requests of his clients for prompt clearance seems questionable. However, that itself is no ground for pre-emptory suspension of his licence. After all, the appellant had been licenced, after verifying his knowledge and experience. 3. The suspicion that the Custom House agent permitted others to use his ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by one Janaki Raman who was a clearance clerk of the other CHA company who had given him the documents. The order does not bring on record as to what acts exactly Shri Janaki Raman performed which were required to be performed by the present CHA under the Regulations and the CHA was negligent in not performing his duties. The order also not bring out how this case is an appropriate case to fall under Regulation 21(2) and there was an emergent situation which required dispensation of issuing a notice for suspension of the licence and a drastic action was, called for on 13-9-2000 for a Bill of Entry which was also filed and cleared on or before 7-7-2000, i.e. almost two months earlier. Therefore, we are of the view that the exercise of the p ..... X X X X Extracts X X X X X X X X Extracts X X X X
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