TMI Blog2005 (3) TMI 357X X X X Extracts X X X X X X X X Extracts X X X X ..... ampering with evidence. The matter in this case is being investigated by the CBI, there is no finding on record or an allegation that there is an attempt to tamper with evidence which should call for immediate exercise of the powers to suspend the CHA licence entry of all other employees, resulting on a total stoppage of the work livelihood of 10 other employees of this Private Limited Company. We find, there was no reason to call for or uphold for suspension in March 2005 for an alleged act of a kind mentioned to have been committed in July 2004. The order passed cannot be upheld. We find no reasons to uphold the order of suspension in the facts of this case as far as this CHA firm is concerned and to call for suspension of all employee. I ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pended, and that the appellant were not authorised to transact any business in the Mumbai Custom House, Airport, Docks, A.C.C. or Nhava Sheva Custom House etc. It was also directed vide the impugned order that Identity Cards of all employees, along with the original Custom House Agents Licence No. 11/498 should be surrendered to the Custom House immediately. It was also notified that wherever the aforesaid CHA has stood and accepted as a surety, the same should be cancelled with immediate effect and a fresh surety should be obtained from the concerned importer/exporter. 2. After hearing both sides, and considering the material, it is found : (a) that the suspension order impugned before us dated 22-3-2005 has been issued consequent to a rep ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ra. Accused then told me that the tall person who entered the cabin was the person and money should be handed over to him. The tall person, then asked the accused How much to which the accused replied Ten . The payment of bribe did not take place in the cabin of the accused and as directed by the accused the bribe amount was handed over to Shri Darshan Laxman More just outside the cabin, who immediately took the money with his right and kept the same into his right hand side trouser pocket. Panch No. 1 was waiting outside of the cabin of accused also witnessed the acceptance of bribe amount by the said person i.e. Shri Darshan Laxman More from me. Immediately thereafter I gave pre-arrange signal by combing my hair to the CBI team members. A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pears to have taken place on or about 19-7-2004 and after that day, the CHA firm has been continuing its business with the other employees without any blemish or blame. It is not on record whether Shri Darshan Laxman More was allowed to conduct business after his interception by the CBI or not. Moreover, after the date of the alleged incident; the CHA firm and its other employees have been allowed to conduct their business and nothing adverse is brought on record in the subsequent conduct or conduct earlier to that date. (e) The power of suspension envisages an immediate nexus, in time, with the event. The suspension and stoppage of the CHA to conduct its business and entry in the Custom House of Mumbai or other places could be called for, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d with immediate effect and a fresh surety should be obtained from the importer/exporter etc. The total reading of this order or suspension would therefore call to interpret, that the order is not an order of suspension but also amounts to termination of the CHA Licence Goodwill and effectively started the business of the licencee as an agent which is without blemish conducted for the last so many years. (g) Following the case law International Cargo [2000 (121) E.L.T. 155 (Tribunal) = 2000 (38) RLT 1002] and catena of other decisions to the same effect, other decisions, we find no reasons to uphold the order of suspension in the facts of this case as far as this CHA firm is concerned and to call for suspension of all employee. If at all it ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
