TMI Blog2015 (11) TMI 1323X X X X Extracts X X X X X X X X Extracts X X X X ..... sioner took almost seven months to issue the order. We are aware that the time lines prescribed by CBEC are advisory in nature and cannot be given status of mandatory time lines. However, even advisory time lines have certain sanctity inasmuch as if such time lines have been exceeded beyond all reasonable limits, with regard to completion of suspension proceedings, such proceedings will have to be held to be fatally vitiated, more so when such proceedings have a direct and adverse bearing on some-one's livelihood and freedom to pursue a profession. Here is the case where the hearing was granted nine months after the suspension order while the time limit was 15 days and order was issued almost seven months after the hearing while it was expe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uld not lead to the main person (exporter). The CHA (appellant) was thus held guilty of violation of Regulation 13(a) on the ground that neither the exporter nor the suspected middleman could be found at their available addresses and that the CHA also failed to follow Regulation 13(a), 13(k) and 13(o) by not obtaining authorisation from the exporter (as none was produced before the investigation officer), not maintaining the prescribed job register and not verifying the identity and antecedents of the exporter. The appellant also failed to exercise proper supervision over its employee Shri Sasidharan Kunju Pillai and thereby violated Regulation 19(8) of CHALR, 2004. 2. In the wake of the foregoing, the Commissioner has passed the followi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... unicated the following decision with regard to time limit for completion of suspension proceedings against CHA licencee under Regulation 22: 7.2. In cases where immediate suspension action against a CHA is required to be taken by a Commissioner of Customs under Regulation 20(2), there is no need for following the procedure prescribed under Regulation 22 since such an action is taken immediately and only in justified cases depending upon the seriousness or gravity of offence. However, it has been decided by the Board that a 'post-decisional hearing' should be given in all such cases so that errors apparent, if any, can be corrected and an opportunity for personal hearing is given to the aggrieved party. Further, Board has also ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s the case where the hearing was granted nine months after the suspension order while the time limit was 15 days and order was issued almost seven months after the hearing while it was expected to be issued in about 15 days. We note that the word used in the above quoted paragraph No. 7.2 in the sentences underlined is shall and not will which is indicative of the seriousness which the CBEC sought to attach to the prescribed time-lines and therefore these time-lines deserve to be given serious consideration and due weightage even if these are not mandatory. 5. In these circumstances, we are of the view that at this point of time which is almost two years and nine months after the date of the impugned order, we do not find any justifi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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