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Customs Broker (Contd.)
Reasoning on which suspension directed to be revoked in Md. Yeasin
(supra) not available, in view of distinct facts and circumstances - If at all
proceedings for revocation not completed within time-limit stipulated in
sub-regulation (7) of Regulation 20 of Customs Brokers Licensing
Regulations, 2013 petitioners may approach Court afresh for revocation
of order of suspension dated May 31, 2016 - Petitioner not entitled to
relief of revocation of order of suspension - Regulation 20 of Customs
Brokers Licensing Regulations, 2013 — Asian Freight v. Principal Commr. of Cus.
(Airport & Administration) (Cal.) ............................. 323
— Suspension of license, Confirmation of - Attempt to smuggle consignment
of high valued misdeclared goods from Singapore to India in guise of
Nepal import - Petitioner arguing respondent acting in excess of
jurisdiction by confirming order of suspension and calling for immediate
action in nature of interim suspension - HELD : Having regard to
materials disclosed, instant case not one where no reasons have been
disclosed why immediate action was not required or warranted - Nature
of order dated May 3, 2016 together with observations contained therein
provide sufficient grounds to distinguish Division Bench decision in N.C.
Singha [1998 (104) E.L.T. 11 (Cal.)] - Although respondent may not have
disclosed in order impugned why decisions placed before him were not
applicable, mere omission to do so cannot be held fatal - Reasons
furnished for confirming order of suspension, sound and justify
acceptance - Action taken under Regulation 19 of Customs Brokers
Licensing Regulations, 2013 unexceptionable and no interference called
for - Regulation 19 of Customs Brokers Licensing Regulations, 2013 —
Asian Freight v. Principal Commr. of Cus. (Airport & Administration) (Cal.) .......... 323
— Upgradation from “H” card holder to “G” card holder - Both written and
oral examinations conducted for 100 marks each - Out of 21 candidates
who passed written examination only two declared as having passed oral
examination - Conduct any oral examination not provided in relevant
Rules, which stipulated that written examination alone must be
conducted - Element of bias can always be present in oral examination -
To eliminate such bias, it has been consistently held that marks allotted
for oral examination should be less than 25% of total marks - Nature of
oral examination and basis for assessment of candidates not known -
Conducting of examinations and Public Notice No. 1 of 2019, wherein
both written examination and oral examination were stipulated struck
down - Petitioner who passed written examination to be appointed as G
Card Holder, if he is otherwise eligible - Regulations 2(h) and 13 of
Customs Brokers Licensing Regulations, 2018 — Shabeer Ahmed Sayeed v. Pr.
Commr. of Cus. (Preventive), Tiruchirapalli (Mad.) ..................... 380
Customs Broker’s Licence - Revocation of - Limitation - Time-limit for
initiation of action for revocation of license against by notice - HELD :
Time-limit prescribed serves dual purpose - First, it acts as check on
public functionary vested with power to initiate revocation proceedings
not to keep issue pending ad infinitum; if proceedings not initiated
within stipulated time, that might expose such functionary empowered
to initiate proceedings to disciplinary action - On the other hand,
initiation of proceedings within ninety days or immediately thereafter
intended to guarantee protection to Customs Broker of not being
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