9911796707
TMI Blog2012 (7) TMI 514X X X X Extracts X X X X X X X X Extracts X X X X ..... s which have been arrived at by the Deputy Commissioner of Customs or, as the case may be, the Assistant Commissioner of Customs in the report submitted under clause (5) of the Regulation ? (ii) Is it a correct proposition of law that under Regulation 22 no power or authority has been vested with the Commissioner of Customs to disagree with the report of the Inquiry Officer ? 2. The relevant facts are that the petitioner has been carrying on business as a Customs House Agent ('CHA' for short), by obtaining a license under the Customs House Agents Licensing Regulations, 2004 ('2004 Regulations' for short). The said license was suspended by the Commissioner of Customs on 22nd December 2008. On 29th October 2009, a chargesheet was issued to the petitioner. On the same day i.e. 29th October 2009 itself, the Commissioner of Customs appointed Shri Y S Reddy, Assistant Commissioner of Customs to inquire into the charges levelled against the petitioner and to submit his report to the Commissioner. Accordingly, the Inquiry Officer conducted the inquiry and submitted his report to the Commissioner on 23rd December 2010. As per the inquiry report, none of the charges levelled against ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nquiry in regard to the grounds forming the basis of the proceedings, and he may also put any question to any person tendering evidence for or against the Customs House Agent, for the purpose of ascertaining the correct position. (4) The Customs House Agent shall be entitled to crossexamine the persons examined in support of the grounds forming the basis of the proceedings, and where the Deputy Commissioner of Customs or Assistant Commissioner of Customs declines to examine any person on the grounds that his evidence is not relevant or material, he shall record his reasons in writing for so doing. (5) At the conclusion of the inquiry, the Deputy Commissioner of Customs or Assistant Commissioner of Customs shall prepare a report of the inquiry recording his findings. (6) The Commissioner of Customs shall furnish to the Customs House Agent a copy of the report of the Deputy Commissioner of Customs or Assistant Commissioner of Customs, and shall require the Customs House Agent to submit, within the specified period not being less than sixty days, any representation that he may wish to make against the findings of the Deputy Commissioner of Customs or Assistant Commissioner of Custo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nquiry officer being subordinate to the Commissioner, it cannot be said that the Commissioner is bound by the report of the inquiry officer. 7. We have carefully considered the rival submissions. 8. There can be no dispute that the rank of the Commissioner of Customs is higher than the rank of Assistant Commissioner of Customs / Deputy Commissioner of Customs. Under Regulation 22(1), it is the Commissioner who is empowered to issue notice to the CHA setting out the grounds on the basis of which he proposes to suspend or revoke the CHA license and require the CHA to submit his written statement of defense to the Deputy Commissioner of Customs or Assistant Commissioner of Customs nominated by the Commissioner of Customs. Under Regulation 22(2), the Commissioner is empowered to direct the Deputy Commissioner of Customs or Assistant Commissioner of Customs to inquire into the grounds which are disputed by the CHA. Regulation 22(3) to Regulation 22(5) set out the mode and the manner in which the inquiry is to be conducted by the inquiry officer and submit the report to the Commissioner. Regulation 22(6) requires the Commissioner to furnish to the CHA a copy of the inquiry repor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at of the inquiry officer. 11. Reliance placed by the counsel for the petitioner on rule 15(2) of the Central Civil Services (Classification, Control & Appeal) Rules, 1965, is in our opinion, misplaced. No doubt that the said rule requires the Disciplinary Authority to record its tentative reasons for disagreeing with the findings of the Inquiry Authority, whereas, no such provisions are to be found in the 2004 Regulations. But in the absence of such provisions in the 2004 Regulations, it cannot be inferred that the Commissioner is bound by the findings recorded in the inquiry report if the said findings are in favour of the CHA, especially when the Regulation 22(7) specifically empowers the Commissioner to pass such orders as he deems fit, inter alia, after considering the inquiry report. Whether, failure on the part of the Commissioner to communicate the reasons for his disagreeing with the inquiry report has led to miscarriage of justice is a question to be considered while considering the merits of the order passed by the Commissioner. The fact that Regulation 22(7) provides that the Commissioner shall pass an order after considering the inquiry report and the representation o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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