N.K. MEENA Vs. COMMISSIONER OF CUSTOMS

JUDGEMENT

(1.) SHRI N.K. Meena is registered as a Custom House Agent with the Commissioner of Customs, Jaipur holding CHA Licence No. 02/CHAL/R/99. His licence has been suspended by the Commissioner by Order dated 25 -4 -2000. This Order is reproduced below : -

(2.) THE CHA is in appeal against the above suspension order passed by the Commissioner of Customs. Shri L.P. Asthana, Advocate is appearing for the CHA. The Revenue is not represented.

(3.) THE ld. Advocate for the appellants submits that the suspension order under Regulation 21(2) of the Customs House Agents Licensing Regulations, 1984 (CHALR for short), must indicate that the Commissioner has formed an opinion that immediate action was necessary to suspend the licence pending enquiry. It is submitted that the no reasons have been mentioned for the suspension or the need for immediate action. It is further submitted that the impugned order does not disclose the necessity of immediate action nor does it mention the matter in respect of which an enquiry is pending or contemplated. It is also submitted that the suspension of the licence has severely affected the livelihood of the appellant and it employees, therefore, immediate consideration on their appeal is prayed. The ld. Advocate in support of his case has relied on a number of decisions of the Hon'ble High Courts and CEGAT which have been taken into consideration in the decision in Poonam Cargo Services v. Collector of Customs, Delhi, 1999 (110) E.L.T. 696 (Tribunal).