TMI Blog2008 (1) TMI 636X X X X Extracts X X X X X X X X Extracts X X X X ..... such circumstances alternative remedy provided under Sub-Regulation (8) of Regulation 22 is no bar from moving the writ petition under Article 226 of the Constitution of India - the writ application is allowed - 8 of 2008 - - - Dated:- 16-1-2008 - Soumitra Pal, J. REPRESENTED BY : Shri S.N. Bhattacharya, Advocate, for the Petitioner. Shri Tapas Hazra, Advocate, for the Respondent. [Order]. The Court : In the writ application the petitioner No. 1, a customs house agent, is an unregistered partnership firm. The petitioner Nos. 2 and 3 are its partners. The petitioners have challenged the establishment circular No. 206/2007 dated 22nd December, 2007 issued by the Commissioner of Customs (Administration), Customs House, Ko ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stoms or any where else which in the opinion of the Commissioner renders him unfit to transact any business in the Customs Station. (2) Notwithstanding anything contained in sub-regulation (1), the Commissioner of Customs may, in appropriate cases where immediate action is necessary, suspend the licence of a Customs House Agent where an enquiry against such agent is pending or contemplated. (Emphasis supplied) 3. Relevant portion of Regulation 22 is extracted hereinbelow :- 22. Procedure for suspending or revoking licence under Regulation 20- (1) The Commissioner of Customs shall issue a notice in writing to the Customs House Agent stating the grounds on which it is proposed to suspend or revoke the licence and requiring the s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ular suspending the petitioner No. 1 was issued by the Commissioner in exercise of the power vested under Regulation 20. Such suspension or revocation of licence of an agent is subject to the provisions of Regulation 22. Regulation 22 provides that the notice for suspension must contain the grounds on which it is proposed to suspend or revoke the licence of an agent so that the agent may submit the written statement of defence. It is explicit from a reading of Regulation 22 that the agent must be informed of the reasons of his suspension. Informing the agent of the reasons is one of basic criteria of the principles of natural justice which is ingrained in Regulation 22. Any breach of the principles of natural justice shall call for judicial ..... X X X X Extracts X X X X X X X X Extracts X X X X
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