JUDGMENT
Jyoti Balasundaram, Member (J)
1. The application for early hearing of the above appeal filed by the Custom House Agent is allowed and the appeal itself is taken up for hearing since the issue has been settled by the decision of the Larger Bench in the case of Freightwings and Travels Ltd. v. CC, Mumbai [2001(129) ELT 226 (Tri-LB).
2. The Commissioner of Customs by the impugned order has suspended the CHA licence of the appellant under Regulation 21(2) of the Custom House Agents Licensing Regulations, 1984. The grievance of the appellant is that the order has been passed without issue of any notice and without any hearing or any post-decisional hearing. We find that in the Larger Bench decision cited supra in paragraph 5.4, the Tribunal has directed the Commissioner of Customs to give a personal hearing to the appellant and pass a speaking order under Sub-Regulation (2) of Regulation 21 of the CHA Licensing Regulations on the question as to whether the suspension of the licence should continue or not. Following the ratio of the Larger Bench decision, we, in this case, direct the Commissioner of Customs to pass a speaking order on the question of continuation or non continuation of the suspension of the licence in terms of Regulation 21(2) of the CHA Licensing Regulations, after granting personal hearing to them. The Commissioner shall dispose of the matter preferably within a month from the date of receipt of this order.
3. The appeal is disposed of as above.
(Dictated in Court)