Vinod Tomar vs Union Of India & Others
2009 Latest Caselaw 4379 Del

*     IN THE HIGH COURT OF DELHI AT NEW DELHI

+     W.P.(C) 12448/2009 & C.M.No.12915/2009

      VINOD TOMAR                 ..... Petitioner
                          Through     Mr. Rupesh Kumar, Adv.

                versus
      UOI & OTHERS                               ..... Respondent
                      Through        Mr. Mukesh Anand, Adv. and Mr.
                                     Shailesh Tiwari, Adv.
      CORAM:
      HON'BLE MR. JUSTICE SANJIV KHANNA
           ORDER

% 28.10.2009

Counsel for the respondent on oral instructions states that the writ

petition may be disposed of on the basis of the direction issued by this

Court in International Cargo Services Vs. Union of India, 2006 (193) E.L.T.

546 (Del.).

2. In the present case, the petitioners' license to operate as Customs

House Agent has been suspended under Section 20(2) of the Customs

House Agents' Licenses Regulation, 2004. The power to suspend the license

without show cause notice in emergent situation has been upheld in the

aforesaid judgment. However, it has been held in the said judgment that

post decisional hearing should be granted. In these circumstances, the

petitioner is entitled to post decisional hearing by the respondent

authorities.

WPC NO.12448/2009 Page 1

3. The writ petition is accordingly disposed of directing the respondent

authority to give post decisional hearing to the petitioner within a period of

15 days. Speaking order dealing with the contentions of the petitioner will

be passed within two weeks after the hearing is concluded. In case the

petitioner is still aggrieved, it will be open to the petitioner to avail such

remedy as is permissible.

The application and the writ petition are disposed of.

Dasti to counsel for the parties.

SANJIV KHANNA, J.

      OCTOBER 28, 2009
      NA




      WPC NO.12448/2009                                                 Page 2