9911796707
TMI Blog2011 (4) TMI 1139X X X X Extracts X X X X X X X X Extracts X X X X ..... nai, has prohibited the appellants from carrying out their business in Chennai Customs jurisdiction, with immediate effect and until further orders. However, he has allowed them to complete the work in relation to all the documents already filed by the appellants prior to issue of the impugned order. He has also indicated in the impugned order that further proceedings in terms of Regulation 22 of CHALR, 2004 would be taken by the license issuing authority i.e. Commissioner of Customs, Trichy. 3. The present stay application filed by the appellants seeks a stay of operation of the impugned order pending disposal of the appeal against the said order. The grounds taken in the stay application by the appellants are that they have not viol ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t any Customs House Agent from working in one or more sections of the Customs Station, if he is satisfied that such Customs House Agent has not fulfilled his obligations as laid down under regulation 13 in relation to work in that section or sections." We do not find any requirement of giving a personal hearing under Regulation 21 unlike similar provisions contained under Regulation 20 and Regulation 22. Moreover, Regulation 21 does not stipulate any time period, with reference to receipt of any report etc. as required under other regulations, for issuing an order of prohibition. Moreover, Regulation 21 stands independently and is not subject to anything contained in Regulation 22 as specifically stated therein. Accordingly, the impugned o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 0 (Bom.) which had observed as follows :- "In our view, the Tribunal has committed a grave error in interfering with the decision of a domestic authority. In a departmental proceeding one has to see whether the principles of natural justice are followed and the findings are justified from material on record. Once both these aspects are satisfied if an outsider Tribunal interferes, its findings and order will be improper and perverse which is what has happened in the present case. Similarly, when one comes to the disciplinary measures, one must not lose sight of the fact that the appellant-Commissioner of Customs is responsible for happenings in the Customs area and for the discipline to be maintained over there. If he takes a decision nece ..... X X X X Extracts X X X X X X X X Extracts X X X X
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