COMMISSIONER OF CUSTOMS (GENERAL) Vs. BURIEIGH INTERNATIONAL

JUDGEMENT

(1.) The attention of purported misconduct came to the notice of the appellant on 22-11-2006. The order of suspension was passed on 13-6-2007. Before passing the order of suspension under Regulation 20(2) the procedure as contemplated therein was not followed.

(2.) In the instant, case the tribunal by its Impugned order has held that the order of suspension was passed seven months after the alleged misuse came to the notice of the appellant. Regulation 20(2) no doubt confers power to suspend pending enquiry. The said sub-regulation however, requires that it can be done in an appropriate case and after following procedure under Regulation 20(2).

(3.) In our opinion, considering the passage of time between detection alleged misuse and order of suspension and the failure to comply with regulation 20(2), we find no fault with the order of the tribunal. The question of law as framed would notarise. It will be open to the appellant to conduct enquiry if in law they are entitled to.