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TMI Blog2016 (11) TMI 850X X X X Extracts X X X X X X X X Extracts X X X X ..... appeal is directed against order-in-original No. S/8-28/2014-15/CBS dated 29.02.2016 vide which the office of the Principal Commissioner of Customs (General), Customs Broker Section, New Custom House, Mumbai has debarred appellant from undertaking any customs work in the said Custom House. 2. Heard both sides and perused the records. 3. It is seen from the records that M/s D.V. Shipping (P) Ltd. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... law as no show-cause notice was issued to him before debarring and in the inquiry proceedings before the Inquiry Officer he was not charge sheeted; in the absence of any charges/allegations against him he cannot be debarred from the Customs Brokers work in the Customs House. Learned Advocate would rely upon the decision of the Tribunal in the case of Krishna Hirlekar 1998 (98) ELT 762 (Tri.). 5. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Act and Rules & Regulations made thereof. In our view this is not an administrative order but an order which is appealable before the Tribunal. 5.1 We find strong force in the contentions raised by appellant as the issue is decided by the Tribunal in the case of Krishna Hirlekar (supra) wherein the Bench held as under:- "4. After hearing both sides, we find that the proceedings resulting in the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rm. We therefore set aside that part of the order contained in Para 23 affecting the interests of the two appellants." 5.2 In view of the above and in the facts and circumstances of this case, we hold that the impugned order is unsustainable and set aside the same with direction to the Principal Commissioner of Customs that the licence of the appellant be restored and he be permitted to conduct t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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