Customs, Excise and Gold Tribunal - Mumbai
Eagle Shipping (India) Services vs Collector Of Customs on 30 March, 1993
Equivalent citations: 1993(43)ECC63, 1993ECR69(TRI.-MUMBAI), 1993(68)ELT419(TRI-MUMBAI)
ORDER R. Jayaraman, Member (T)
1. Both the stay petition as well as the appeal involve consideration of the same question and hence both of them are being disposed of by this order.
2. The appeal as well as the stay petition is against the Order No. S/8-4/93-ADMN dated 17-2-1993 passed by the Collector of Customs, Bombay suspending the Custom House Agent's licence issued to the appellant, with immediate effect.
3. After hearing both sides and looking into the order, we find that under the Regulation 21(2) of the Custom House Agents Licensing Regulations, the Collector may, in appropriate cases, where immediate action is necessary, suspend the licence of the Custom House Agent where an inquiry against such agent is pending or contemplated. Hence we are satisfied that the Collector has got the powers to suspend the licence, where immediate action is called for and the violation committed by the Custom House agent is of a serious nature calling for an inquiry against him. We also agree that strict compliance with the principles of natural justice are not called for in passing this suspension order and party need not be heard at that stage. All the same, the basic requirement of Regulation 21(2) namely the necessity for immediate action and the nature of seriousness of the violation, for which inquiry is contemplated should be indicated in the suspension order, so as to make it self-contained and revealing, for any judicial scrutiny, as to satisfy that the Collector has applied his mind to these provisions. Holding this view of the matter, we set aside the order, but give the liberty to the Collector to pass a speaking order in confirmity with Regulation 21(2) of the Custom House Agents Licensing Regulations.