TMI Blog2015 (12) TMI 230X X X X Extracts X X X X X X X X Extracts X X X X ..... 013 itself has prescribed an overall time limit of nine months to complete the proceedings against the CHA right from the initiation of the proceedings to its final disposal. None of the time limit has been adhered to by the Customs authorities in this case. In these circumstances, it will be in the interest of justice, equity and fair play to set aside the suspension and allow the appellant to function as CHA, pending completion of enquiry by the Customs authorities. - Petition disposed of. - APPEAL No. C/85430/15-Mum - Final Order No. A/3594/2015-WZB/CB - Dated:- 29-10-2015 - Mr. S.S. Garg, Member (Judicial) And Mr. Raju, Member (Technical) For the Petitioner : Shri C. Subba Reddy, Advocate For the Respondent : Shri S.J. Sahu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nce was suspended vide order dated 14.10.2014 and vide order dated 9.12.2014, the suspension was continued. The charge-sheet was issued to the appellant specifying the ground of imputation vide notice dated 20.5.2015 which is issued after the delay of 129 days whereas it should have been issued before 10.1.2015. 2.3 The learned counsel further submits that as per Regulation 20(1) of CBLR, 2013, the enquiry shall be completed within a period of 90 days from the date of issue of the charge-sheet whereas in the present case, the said date expired on 10.7.2015. In the meantime, the appellant filed reply denying the charges and requested for supplying the list of witnesses. A communication in this regard was sent to the Commissioner vide lett ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eedings which is in progress. He further submitted that the time limit prescribed in CBLR, 2013 is directory and not mandatory in nature. In support of his submission, he relied upon the decision of the Honble Calcutta High Court in the case of Bose Enterprise Anr. vs. UOI in WP No. 143 of 2010, GA No.253 of 2011, decided on 15.3.2011. 4. We have considered the submissions of both parties and perused the records. 5. The learned counsel for the appellant also referred to the Boards circular No. 9/2010-Cus. dated 8.4.2010, wherein the Board has clarified that an overall period of nine months has been prescribed from the date of receipt of offence report, for completion of enquiry and taking the decision by the licensing authority. S ..... X X X X Extracts X X X X X X X X Extracts X X X X
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