TMI Blog2014 (9) TMI 379X X X X Extracts X X X X X X X X Extracts X X X X ..... en stated even during the course of argument by the learned counsel for the respondent as to why no order has been made under Regulation 22, so far. The conduct of the Commissioner of Customs in this matter, though the allegations against the petitioner appear to be serious, cannot be appreciated. The learned counsel for the petitioner would submit that the suspension of licence may be revoked and the Commissioner may be directed to hold an enquiry and pass appropriate orders under Regulation 22 of the Regulations. In my considered opinion, that course is not possible and the only course which could be adopted is to issue a direction to the Commissioner to hold appropriate enquiry and pass a final order under sub-regulation (7) of Regula ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 3/47/2004-CHA, dated 16.03.2010, suspended the Customs House Licence issued to the petitioner, in terms of Regulation 20(2) of the Customs House Agents Licensing Regulations, 2004. Challenging the said order, the petitioner is before this Court with this writ petition. 2. I have heard the learned counsel for the petitioner and the learned counsel appearing for the respondent and I have also perused the records, carefully. 3. The learned counsel for the petitioner would submit that there was no immediate action to suspend the licence and thus the impugned order has been passed in the absence of any action which is immediately necessary, as provided in sub-regulation (2) of Regulation 20. He would further submit that after passing the o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... estion of maintainability of the writ petition is raised in the counter filed by the respondent, let me examine the same, first. Admittedly, as per Regulation 22(8), any Customs House Agent aggrieved by an order under sub-regulation (2) of Regulation 20 has got right of appeal to the Tribunal. But, in this case, the petitioner has not chosen to file any appeal. But, the learned counsel for the petitioner would submit that the petitioner did not file appeal in the Tribunal, because the impugned order was passed in an arbitrary manner, without following the principles of natural justice. He would further submit that the Hon'ble Supreme Court as well as this Court have been consistently holding that where there is violation of principles ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion 20. In such view of the matter, I hold that there was no violation of principles of natural justice, as it is sought to be argued by the learned counsel for the petitioner. Apart from that, there is no explanation offered by the petitioner as to why they did not choose to file appeal under sub- regulation (8) of Regulation 22. In view of these facts, I find that the writ petition is not maintainable and it is for the petitioner who should have gone on appeal to the Tribunal to work out efficacies remedy available to him. 8. Turning to sub-regulation (2) to Regulation 22, this Regulation has not been amended. As per this Regulation, within a reasonable time, after the suspension of licence, the Customs House Agent should be afforded ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... copy of this order. It is made clear that this Court has not expressed any opinion as to whether the suspension order is justifiable or the same requires to be revoked. 10. In the result, the writ petition is dismissed as not maintainable, however, with a liberty to the petitioner to file appeal before the Tribunal, if so advised and if any such appeal is filed, the time spent on this writ petition from 08.07.2010 till today shall be excluded while competing the period of limitation, if any, for the said purpose. The Commissioner of Customs, Tuticorin Port, is directed to hold an enquiry, afford sufficient opportunity to the petitioner and pass final order, in accordance with law, under sub-regulation (7) of Regulation 22, within a peri ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
