TMI Blog2017 (2) TMI 820X X X X Extracts X X X X X X X X Extracts X X X X ..... er has approached this Court seeking certain relief and the writ petition is pending does not mean that the petitioner is charged with a misconduct - the reason assigned by the respondents in the counter affidavit for not granting renewal for a longer period and renewing the license temporarily is not sustainable - petiiton allowed - decided in favor of petitioner. - W.P. No. 38359 of 2015 and M.P. No. 1 of 2015 - - - Dated:- 29-6-2016 - T.S. Sivagnanam, J. Shri S. Raghunathan, Counsel, for the Petitioner. Shri V. Sundareswaran, Standing Panel Counsel, for the Respondent. ORDER Heard Mr. S. Raghunathan, learned counsel for the petitioner and Mr. V. Sundareswaran, learned Standing Counsel appearing for the respondents a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ill pending. During the pendency of the writ petition, the license has been temporarily renewed up to 4-7-2016 by proceedings of the 2nd respondent dated 31-12-2015. With these facts, the petitioner is before this Court. 4. Counter affidavit filed by the 2nd respondent reiterates the same stand and stating that because of the pendency of the writ petition as well as pending adjudication of show cause notice, the license is being renewed for a temporary period. The allegation in the show cause notice dated 15-2-2012 is with regard to short landing of cargo and on the said ground, the Additional Commissioner of Customs (MCD), Customs House, Chennai proposed as to why the imported goods viz., 31.69 Mts. of High Melting Scrap having an invoi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y complaints of misconduct. 6. In my view, the pendency of a show cause notice for adjudication that too for a period of three years cannot be a sole ground to grant temporary renewal to the petitioner. That apart, it is not known as to why the Officer, who had adjudicated the show cause and given a personal hearing on 21-6-2012, has not passed any orders on the petitioner s application. As already observed, merely because the petitioner has approached this Court seeking certain relief and the writ petition is pending does not mean that the petitioner is charged with a misconduct. Therefore, the reason assigned by the respondents in the counter affidavit for not granting renewal for a longer period and renewing the license temporarily is ..... X X X X Extracts X X X X X X X X Extracts X X X X
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