DELTA LOGISTICS Vs. UNION OF INDIA

JUDGEMENT

(1.) A Division Bench of this Court finding it difficult to agree with the views expressed by another Division Bench of this Court in the case of Commissioner of Customs (General) V/s. Rajan Virji & Company in Customs Appeal No.25 of 2006 decided on 27 th January 2010 has by its order dated 14 th September 2011 passed in the aforesaid Writ Petition referred two questions to the learned Chief Justice for being considered by a Larger Bench. Accordingly, the learned Chief Justice has constituted this larger Bench for considering the said two questions which read thus :

(2.) The relevant facts are that the petitioner has been carrying on business as a Customs House Agent ('CHA' for short), by obtaining a license under the Customs House Agents Licensing Regulations, 2004 ('2004 Regulations' for short). The said license was suspended by the Commissioner of Customs on 22 nd December 2008. On 29 th October 2009, a chargesheet was issued to the petitioner. On the same day i.e. 29 th October 2009 itself, the Commissioner of Customs appointed Shri Y S Reddy, Assistant Commissioner of Customs to inquire into the charges levelled against the petitioner and to submit his report to the Commissioner. Accordingly, the Inquiry Officer conducted the inquiry and submitted his report to the Commissioner on 23 rd December 2010. As per the inquiry report, none of the charges levelled against the petitioner were proved beyond doubt.

(3.) After forwarding a copy of the inquiry report and calling for objections, the petitioner was heard by the Commissioner of Customs and by an orderinoriginal dated 7 th July 2011, the Commissioner of Customs revoked the CHA license granted to the petitioner under Regulation 22(7) of the 2004 Regulations. Challenging the aforesaid order, the petitioner filed the aforesaid Writ Petition No.7122 of 2011 inter alia on the ground that under 2004 Regulations, the Commissioner had no power or authority to disagree with the report of the Inquiry Officer. In support of the above contention, the petitioner relied on a decision of this Court in the case of Rajan Virji & Company . As the Division Bench hearing the above Writ Petition found it difficult to agree with the ratio laid down by a Division Bench of this Court in the case of Rajan Virji & Company referred the questions framed by it for being considered by a Larger Bench. Accordingly, the present Larger Bench is constituted.