TMI Blog2019 (1) TMI 11X X X X Extracts X X X X X X X X Extracts X X X X ..... (m) nor called upon the petitioner to file their objection with regard to such disagreement - Needless to say that when the charges are levelled and an enquiry is conducted based on such charges, the enquiry report filed by the Inquiry Officer is a crucial document and if the disciplinary/punishing authority intends to disagree with the whole or any of the findings rendered by the Inquiry Officer, in respect of the whole or any of the charges, he has to necessarily put the person, against whom such charges are made, on notice, by specifically expressing his disagreement and call upon such person to give objection on such disagreement. The petitioner should be given an opportunity to place their objections as against the disagreement of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g upon the petitioner to show cause as to why the license issued to them should not be revoke for their failure to comply with the provision of Regulations 11(d) and 11(m) of the Customs Broker Licensing Regulations, 2013. An Inquiry Officer was appointed to enquire into the charges made against the petitioner. After enquiry, the Inquiry Officer filed a report on 02.08.2018. The Inquiry Officer found that the charge of non-compliance of Regulation 11(d) is sustainable and charge of Regulation 11(m) is not sustainable. The enquiry report was given to the petitioner and the personal hearing was accorded. Thereafter, the respondent passed the impugned order by holding that both the charges under Regulations 11(d) and 11(m) have been proved, wi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d 23.08.2018 would show that the respondent has simply forwarded the report of the Inquiry Officer to the petitioner without disclosing his disagreement on the findings of the Inquiry Officer with regard to the charge made against the petitioner in respect of Regulation 11(m). The communication dated 23.08.2018 reads as follows: To M/s. Leona Worldwide Logistics, Old No.12, New No.25, 1st floor, Angappa Naichen Street, Chennai 600 001. Sub: Forwarding of inquiry Report i.r.o.SCN dated 02.05.2018 issued by Commissioner of Customs (Commissionerate VIII) Custom House, Chennai j-01 in r/o M/s. Leona Worldwide Logistics-Reg .... A copy of the inquiry report received from the Inquiry Officer for the subjec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he one passed clearly in violation of principles of natural justice, as the petitioner was totally prevented from placing their objections on such disagreement, even though the Inquiry Officer has found that the petitioner is not guilty of such charge. At this juncture, it is useful to refer to the decision of the Delhi High Court reported in 2016(334) EL 262 (Him Logistics Pvt. Ltd., vs. The Commissioner of Customs(General) wherein paragraph Nos.19 and 20 reads as follows: 19. We answer question no.(ii) by holding that where the principal commissioner or commissioner of customs, as the case may be, intends to disagree with the inquiry report, that is in favour of the Customs Broker, then it is mandatory for him to communicate the a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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