TMI Blog2010 (12) TMI 1131X X X X Extracts X X X X X X X X Extracts X X X X ..... for the CHA and hence of a quasi-judicial nature. The larger bench also held that a CHA, whose licence was suspended with immediate effect without hearing, was to be given post-decisional hearing in accordance with the rule of natural justice. It is this view which was accepted by the legislative authority and incorporated in Regulation 20 through the amendment under reference. Therefore, it cannot be gainsaid that the suspension order of the Commissioner is a quasi-judicial product rather than administrative - application allowed - decided in favor of applicant. - C/853/2010-Cus. - Stay Order No. S/557/2010-WZB/C-II/CSTB - Dated:- 31-12-2010 - Shri P.G. Chacko, Member (J) and S.K. Gaule, Member (T) Shri Prakash Shah, Advocate, for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... missioner of Customs, the present proceedings are infructuous. He submits that any order which may be passed on the present stay application will only be futile inasmuch as the Commissioner s confirmatory order of suspension for CHA licence is in force. 3. The learned counsel has contested the preliminary objection raised by the SDR. He submits that the two orders passed by the Commissioner are independent, as the first one was passed without hearing the CHA and the second one after hearing them. He submits that the second order dated 27-12-2010 purports to continue the first order. Therefore, according to the learned counsel, any stay of operation of the first order will not affect the operation of the second order. 4. After consider ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Commissioner of Customs, who had issued the CHA licence, within 30 days of the detection of the offence against the CHA. The circular further clarified that the licensing authority shall take necessary immediate action within 15 days from the date of receipt of such report. The learned counsel submits that, though, in the present case, no report of the investigating agency was received by the Commissioner, the order of adjudication against the exporters and the CHA was received by him on 9-8-2010 and, therefore, any suspension order should have been issued to the CHA within 15 days from the said date. The suspension order was issued as late as 25-10-2010, far beyond the prescribed period of limitation. In this scenario, it is submitted ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r under Regulation 20(2) was an administrative action and, therefore, the time-limit prescribed under the said provision need not be over-emphasised. The gist of his arguments on the point is that the procedural requirement under Regulation 20(2) needs to be liberally construed and, accordingly, the delay of action taken by the Commissioner should be condoned. Referring to the judgment of the High Court, the learned SDR submits that the Hon ble Bombay High Court did not decide on any question of law in the cited cases, whereas the Hon ble Delhi High Court decided one. According to him, therefore, only the judgment of the Delhi High Court contains a ratio to be followed in the present case. Alternatively, it is argued that Regulation 20(2) a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... se considering the fact that the violation by the CHA had occurred way back in 2009. The period prescribed under Regulation 20(2) is 15 days from the date of receipt of a report from investigating authority. The Board s circular has clarified that the investigating authority is liable to make a report to the Commissioner (licensing authority) within 30 days. The purport of the new provision is that the licensing authority should, if he deems it fit to suspend the CHA licence, do so within 15 days from the date on which he receives information about the offence of the CHA. In the instant case, the respondent-Commissioner had received on 9-8-2010 the order passed by the Commissioner of Customs (Export) in adjudication of a show-cause notice e ..... X X X X Extracts X X X X X X X X Extracts X X X X
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