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TMI Blog2014 (1) TMI 1672X X X X Extracts X X X X X X X X Extracts X X X X ..... llant M/s. Asian Freight Forwarders in exercise of the powers conferred under Regulation 22(7) and 20(1) of CHALR, 2004 read with Regulation 20(7) and 18 of the [CBLR], 2013 and also ordered forfeiture of the entire amount of security deposit made by the appellant. The Commissioner held that the charges imputed against the CHA stood proved and, therefore, the revocation is justified. Aggrieved of the same the appellant is before us. 3. The learned counsel for the appellant submits that even though in the enquiry officer's report, the charges have been held to be proved they do not agree with these findings. It is his contention that the appellant had taken sufficient precaution while exercising the responsibility of a CHA and, therefo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... refore, pleads that the impugned order is sustainable in law and therefore, the same be upheld. 5. We have carefully considered the submissions made by both the sides. 5.1 We have also perused the charges imputed against the appellant. The first charge is that the appellant did not obtain authorisation from the importer before effecting clearance of the cargo thereby contravening the provisions of sub-regulation (a) of Regulation 13; the next charge is that the appellant failed to advise his client to comply with the provisions of Customs Act, thereby contravening sub-regulation (d) of Regulation 13; the third charge is that the appellant as a CHA failed to discharge duties as a Custom House Agent with utmost speed and efficienc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aced by the appellant on the said decision has no relevance to the facts of the present case. 5.3 The Hon'ble High Court of Bombay in the case of Worldwide Cargo Movers (supra) considered a question whether contravention of Regulation 13(d), (e), (l) and (n) of the CHALR, 2004 would attract the punishment of revocation of CHA licence. The subject matter was considered by the Tribunal and the Tribunal set aside the revocation and in appeal the matter was considered by the Hon'ble High Court and the Hon'ble High Court held as follows: "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 outs ..... X X X X Extracts X X X X X X X X Extracts X X X X
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