TMI Blog2023 (1) TMI 61X X X X Extracts X X X X X X X X Extracts X X X X ..... situation where show cause notice has been transferred to the Call book and the noticee is not informed about the pendency for an unreasonable period of time has been considered in various decisions. It has been held that not only it is necessary that the show cause notice should be taken to its logical end at the earliest as a matter of administrative discipline, but keeping the show cause in Call book without informing the notice for a long period of time causes severe prejudice, as the notice may act on the premise that the proceedings have been dropped and it is also likely that the record and proceedings are not available. In the present case the show cause notice was kept dormant and the notice for personal appearance was issued 18 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... m the Petitioner under Section 12 read with Section 28 of the Customs Act, 1962 read with Notification No.13/81 dated 9 February 1981 for non fulfillment of conditions of the notification dated 9 February 1981 and 3 June 1997. The Petitioner was also called upon to explain why penalty should not be imposed on the Petitioner under Section 112 of the Customs Act, 1962. 3. The predecessor of the Petitioner, Metropolitan Trading Company had applied for setting up export oriented unit and was granted letter of permission on 8 September 1982. The requisite bond was furnished to the Custom Authorities on 20 May 1984 and the letter of permission was transferred in favour of the Petitioner which was approved by the concerned authority on 11 Decem ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the show cause notice dated 7 July 1997. 7. The question as on today therefore is, when the Petition has come up for hearing in 2022, whether the Petitioner can be subjected to further proceedings in furtherance of the show cause notice dated 7 July 1997 that is 25 years (including the period of interim order). 8. In support of his contention that gross delay without any justifiable reason in acting in furtherance of the show cause notice is not found to be legal and proper by this court on the count of administrative discipline and prejudice to the party. The learned counsel for the Petitioner relied upon series of decisions. These are : (a) Lanvin Synthetics Pvt. Ltd. and Anr. vs. The Union of India and Anr. [2105 TIOL ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cause notice and the Petitioner can contest the issue on merits. 10. Assertion of the Petitioner that the Petitioner was not informed that the file of the Petitioner was transferred to the call book has not been controverted. The position continued for 18 years. The fact situation where show cause notice has been transferred to the Call book and the noticee is not informed about the pendency for an unreasonable period of time has been considered in various decisions. It has been held that not only it is necessary that the show cause notice should be taken to its logical end at the earliest as a matter of administrative discipline, but keeping the show cause in Call book without informing the notice for a long period of time causes severe ..... X X X X Extracts X X X X X X X X Extracts X X X X
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