RAJINDER MUMAR GOYAL Vs. COLLECTOR OF CUSTOMS

JUDGEMENT

(1.) In this petition under Article 226 of the Constitution the petitioner is challenging the order No. VIII(H)13/144/89 dated 7 January 1994 of the Collector of Customs, New Delhi, suspending his Custom House Agent (CHA) Licence No. R 14/91 with immediate effect till further orders. This order we may reproduce as REGISTERED POST OFFICE OF THE COLLECTOR OF CUSTOMS: CUSTOM HOUSE: NEW DELHI. C.No.VIII(H)13/144/89 Date:7.1.1994. ORDER M/s. Rajinder Kumar Goyal, SM-18, Ashok Deep Building, 4/24, East Patel Nagar, New Delhi, is holder of Custom House Agent Licence No. R-14/91 valid Upto 12.2.94 issued by Collector of Customs, New Delhi, for customs clearance work at Delhi Custom/ stations under the charge. An enquiry is contemplated against the said Custom House Agent under Custom House Agent Licensing Regulation 1984 in relation to the under invoicing of consignments of Bill of Entry No. 240586 dt. 10.8.92, 241621 dt. 14.8.92, 242790 dt. 22.8.92, 244986 dt. 2.9.92 and 245492 dt. 4.7.92 imported at Air Cargo Unit at IGI Airport by one Shri Moti Lal Chandra a trader of Bhagirath Place, Delhi, by misusing the name and import-export code number of an actual user M/s. Trishul Industries, C-19, Sector-59, Noida and M- 41, Greater Kailash-ll, New Delhi, and that M/s. Rajinder Kumar Goyal, the Custom House Agent, assisted in clearance of the same, Now, therefore, on the basis of records placed before me and being satisfied, I ANAND BORDIA, Collector of Customs, New Delhi, in exercise of powers vested in me under regulation 21(2) ibid, hereby order the suspension of CHA Iicence No.R-14/91 of the said CHA with immediate effect till further orders. This order is being issued without prejudice to any other action being taken or proposed to be taken against the said CHA/ its employees or any other person/representatives under the Customs Act, 1962 or any other law for the time being in force. sd/- Collector of Customs M/s.Rajinder Kumar Goyal, SM-18,Ashok Deep Building, 4/24, East Patel nagar, New Delhi.

(2.) The petitioner says that the impugned order is without jurisdiction and is in contravention of the provisions of the regulation 21 (2) of the Custom House Agents Licensing Regulations, 1984 (for short 'the Regulations'). He says he waited for over a year after suspension of the licence for the respondent to conclude any enquiry against him and to restore his licence. He represented to the respondent but without effect. Petitioner says it is the question of his livelihood and the action of the respondent is violative of Article 21 of the Constitution. We issued notice to show cause to the respondent. In answer thereto an affidavit has been filed by Mr. Vijay Kumar Takkar, Assistant Collector of Customs. It is stated that the licence of the petitioner was valid Upto 12 February 1994 and that the licence could be further renewed only on an application made as per the provisions of the regulation 12 of the Regulations. Then it is stated as under :-

(3.) Lastly it is stated that the petitioner did not exhaust the alternative remedy of filing an appeal as provided under regulation 23(8) of the Regulations read with section 129-A of the Customs Act, 1962. It is also stated that investigations are on and after their conclusion a show cause notice would be issued to the petitioner and he would be entitled to represent his case before the authority concerned and on that account it is stated that the present petition is premature.