TMI Blog2020 (1) TMI 285X X X X Extracts X X X X X X X X Extracts X X X X ..... smissal of the writ petition after recording the willingness of the petitioner to participate in the said show cause proceeding dated 6.9.2017 is of no relevance. As per Regulation 20 (1) the show cause notice has to be issued within a period of 90 days receipt of the offence report. Respondent has not stated as to when the report was received - In the facts of the present case, it is evident that the offence report was dated 6.9.2016 and therefore the last date for issuing the aforesaid show cause notice would have been 04.12.2016 . Even though the petitioner had an alternate remedy, there is no point in relegating the petitioner to the alternate remedy at the stage - Since, the SCN is to be construed beyond the period of limitat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he date of receipt of an offence report for revoking a license or for imposing a penalty. It is the contention of the petitioner that the show cause notice was issued beyond the period of 90 days of the offence report and thus contrary to the Regulation 20 (1) of Custom House Agent Licensing Regulations, 2004 and was therefore time barred. Hence, the impugned order was liable to be quashed as without jurisdiction. 5. The learned counsel for the petitioner relied on the decision of this court rendered in a batch of writ petitions in W.P.Nos. 3366, 1855, 1 8060, 6755, 18755, 22154 of 2019 and 31383 of 2018, 27948, 28726, 28850, 28858 of 2019 dated 28.11.2019 and the decision of a Division Bench of this Court dated 13.10.2017 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as withdrawn as was recorded in the order dated 13.10.2017. Therefore, dismissal of the above writ petition after recording the willingness of the petitioner to participate in the said show cause proceeding dated 6.9.2017 is of no relevance. 11. As per Regulation 20 (1) the show cause notice has to be issued within a period of 90 days receipt of the offence report. Respondent has not stated as to when the report was received. In any event, the Division Bench of Court while passing its order on 13.10.2017 in C.M.A. 730 of 2016 has viewed that show cause notice was beyond the period of 90 days from the date of the offence report. In the facts of the present case, it is evident that the offence report was d ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
