UNION OF INDIA Vs. SHASHI DEO JHA

JUDGEMENT

(1.) This appeal is directed against a judgment and order dated 4th January, 1999 passed by a learned single Judge of this court whereby and where under the writ petition filed by the 1st respondent herein questioning an order of suspension dated 10.8.98 as contained in Annexure 'H' to the stay application was allowed.

(2.) The 1st respondent is having a Customs House Agents Licence upon passing an examination framed under Rule 8 of the Customs House Agents Licensing Regulation, 1984 (hereinafter referred to and called for the sake of brevity of 'said regulation'). He was carrying on his business under the name and style of "Jha Shipping Agency". According to him, owing to age and health problem he was not individually capable to manage the said business and, thus, in or about January, 1996 executed a power of Attorney in favour of his son Sanjib Jha as a result whereof he had authorised him to sign Customs Bills of Entry and Shipping Bills and all other documents on behalf of the licensee in connection with the said business. The said Sanjib Jha was also authorised to open a Bank Account for the said purpose. Allegedly the said Sanjib Jha also appeared in the examination conducted under Rule 9 of the said regulation and was granted 'A-Class Licence' having succeeded in the said examination. It is stated that various transactions were entered into by the aforementioned Sanjib Jha in the years 1987-88 with regard whereto the 1st respondent was not informed.

(3.) He, however, received the impugned Memo dated 10.8.98 in terms whereof he was informed that his licence bearing No. J-18 issued in favour of Jha Shipping Agency has been suspended with immediate effect in contemplation of an enquiry against the said concern.