TMI Blog2016 (11) TMI 850X X X X Extracts X X X X X X X X Extracts X X X X ..... but an order which is appealable before the Tribunal. Reliance placed on the decision of the case of Krishna Hirlekar [1995 (10) TMI 171 - CEGAT, BOMBAY] where it was held that the proceedings resulting in the passing of the impugned order were mainly against the CHA as per the CHA Regulations. These regulations do not contemplate debarring of the employees under any provisions of the Regulations. The employee of the CH Agents firm are issued with identity passes by the Asst. Collector and cancellation of any identity passes was not the issue before the Collector. Moreover both these appellants were neither party to the proceedings in terms of the Custom House Agents Regulations, nor were they issued notices, proposing revocation of thei ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nst the charges levied on the said M/s. DVS. The Inquiry Officer held that the charges levied against M/s. DVS cannot be proved and hence action initiated against him was dropped but recommended action against Shri Amit S. Momaya, Director of the Customs Broker firm. Consequent to such recommendation the office of the Principal Commissioner of Customs debarred the appellant by impugned order. 4. Learned Advocate appearing for appellant would submit that the action taken by the Office of the Principal Commissioner of Customs is not in accordance with the 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/allegatio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tions. These regulations do not contemplate debarring of the employees under any provisions of the Regulations. The employee of the CH Agents firm are issued with identity passes by the Asst. Collector and cancellation of any identity passes was not the issue before the Collector. Moreover both these appellants were neither party to the proceedings in terms of the Custom House Agents Regulations, nor were they issued notices, proposing revocation of their passes. Hence the order contained in Para 23 adversely affecting these two appellants has been passed in gross violation of the principles of natural justice and is also not falling within the purview of the proceedings under CHA Regulations against the CHA firm. We therefore set aside tha ..... X X X X Extracts X X X X X X X X Extracts X X X X
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