DILIP A. GOPLANI Vs. COMMISSIONER OF CUSTOMS, KANDLA

JUDGEMENT

(1.) The application for condonation of delay in preferring the Appeal is allowed in view of the fact that in January, 2001, there was an earthquake in Gujarat and the applicant's office was severely damaged as it was situated in Gujarat which was affected by the earthquake.

(2.) The application for early hearing of the appeal filed on 19/4/2001 is also allowed, since the issue is covered by the decision of the Larger Bench of the Tribunal in the case of Freightwings and Travels Ltd. v. Commissioner of Customs, Mumbai [2001 (129) ELT 226 (Tri - LB)].

(3.) By the impugned order dated 11/12/2000, the Commissioner of Customs in exercise of powers under Sub -Regulation (2) of Regulation 21 of the Customs House Agents Licensing Regulations, 1984 suspended the CHA Licence held by the appellant with immediate effect. We find that the Larger Bench of the Tribunal in the case cited (Supra) has held that a person against whom punitive or damaging action is taken by any authority in its quasi -judicial capacity must at lest be given the minimal fairness of a post -decisional hearing. The Commissioner of Customs is directed to give a personal hearing to the appellant and pass a speaking order under Regulation 21(2) of the CHA Regulation on the question where the suspension of the licence should continue or not.