TMI Blog2002 (11) TMI 466X X X X Extracts X X X X X X X X Extracts X X X X ..... he Respondent. [Order per : Gowri Shankar, Member (T)]. After hearing the parties on the stay application, we have decided to take up the appeal. 2. The appeal is against the order of the Commissioner suspending, under Regulation 21(2) of the Customs House Agents Licensing Regulations, 1984 (hereafter regulation), the Custom House Agent s licence issued to the applicant. The stay appli ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t purely in his personal capacity. Furthermore, as soon as the appellant came to know of the alleged assault on 12th June, 2002, it terminated his services and informed the Custom House. He produces before us a letter addressed to the Deputy Commissioner of Customs in charge of the department dealing with Custom House Agents, intimating him of the fact that Gawade was no longer in the appellant s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t of such an employee over which the Customs House Agent can have no control. There is no allegation that the assault of the officer (if it took place) was at the direction or behest of the appellant or was done in furtherance of his duties as an employee of it. We however do not find that there was sufficient ground for the suspension of the licence. 6. The second reason advanced by the Commiss ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to comment upon the correctness or otherwise of the allegations against the appellant, leaving it to the appropriate authority to decide this aspect. It is however of significance that the acts, which had led to the issue of notice, took place in 1999 and enquiries which were made into these allegations by the investigating agency appear to have been completed in March, 2000. The report of the Cen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d by Gawade. We have already dealt with this matter. 8. It follows therefore that there was no basis for suspension of the licence. The suspension ordered by the Commissioner is therefore revoked, allowing the appeal. We emphasise that the enquiry officers or the Commissioner shall not in any way feel bound, while dealing with either the matter relating to the alleged assault or the notice alrea ..... X X X X Extracts X X X X X X X X Extracts X X X X
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