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TMI Blog2014 (10) TMI 716X X X X Extracts X X X X X X X X Extracts X X X X ..... n 20(3) of the Custom House Agents Licencing Regulations, 2004. 3. The Ld. Advocate on behalf of the appellants submits that after the issuance of the instant suspension order, the department initiated the proceedings of Revocation of License under the said Regulation. He submits that by letter dated 27.02.2013, it was informed that Assistant Commissioner of Customs (CHA) was nominated as enquiry officer. The appellants challenged the revocation proceedings before the Hon'ble High Court of Madras. By Judgment dated 14.03.2011, the Hon'ble Court set aside the revocation proceedings. 4. After hearing both the sides and on perusal of records, we find that the impugned order was passed under Regulations 20(3) of the Regulations, 2004 for cont ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... case, although the petitioner did not take any steps to challenge the correctness of the suspension order dated 30.10.2012 passed under Regulation 20(2), the petitioner has not even bothered to challenge the subsequent order dated 26.12.2012 continuing the order of suspension passed under Regulation 20(3) of the Regulations. This shows that the petitioner has not suffered any prejudice. Therefore, it is a settled law that the person who comes to this Court challenging any order should show before this Court that there is violation of the statutory provisions and even if there is violation, the person concerned should prove before this Court that he suffered prejudice. But in the present case, when the petitioner has not shown before this C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tions by holding a fair and reasonable enquiry, the petitioner, on the only ground that no show cause notice was issued as contemplated under Regulation 22 (1) within 90 days, cannot take any shelter when the petitioner had taken part in the enquiry and effectively participated. In support of his submissions, he has also relied upon one another judgment of the Hon'ble Supreme Court in the case of G. Jayakrishnan Vs. Tamil Nadu State Marketing Corporation Ltd., Coimbatore and others, AIR 2006 Madras 81, which has been rightly followed by this Court in W.P.No. 16180 of 2011 dated 28.07.2011 mentioned supra. By relying upon the ratio laid down by the Hon'ble Supreme Court in the case of P.T.Rajan Vs. T.P.M. Sahir and others, (2003) 8 SCC 498 t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... licence under Regulation 20. - -(1). The Commissioner of Customs shall issue a notice in writing to the Customs House Agent within ninety days from the date of receipt of offence report, stating the grounds on which it is proposed to suspend or revoke the licence and requiring the Customs House Agent to submit within thirty days, to the Deputy Commissioner of Customs or Assistant Commissioner of Customs nominated by him, a written statement of defense and also to specify in the said statement whether the Customs House Agent desires to be heard in person by the said Deputy Commissioner of Customs or Assistant Commissioner of Customs. 5. A mere reading of Regulation 22(!) shows that within 90 days from the date of receipt of the offence rep ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was issued under the provisions of Regulation 20 (3) of Regulations, 2004. Subsequently, the enquiry proceeding was initiated under the Regulation 22 of the said Regulations, 2004. The Hon;ble Madras High Court set aside the enquiry proceedings. In our considered view, when the enquiry proceedings was set aside by the Hon'ble High Court, the susension of licence cannot be modified, which would also required to be set aside. 5. On the identical issue, the Tribunal in the case of MKS Shipping Agencies (P) Ltd. Vs. CC, Tuticorin, in F.O. No.40047/2013 dated 20.02.2013, had set aside the order of suspension of CHA Licence issued under Regulation 20(3) of CHALR, 2004. The relevant portion of the said order is reproduced below:- &nb ..... X X X X Extracts X X X X X X X X Extracts X X X X
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