Penalty on customs officers

Last updated: 13 October 2010

Court :
Delhi High Court

Brief :
Penalty on customs officers - . The order passed by , Commissioner of Customs (Adjudication), to the extent he decided not to impose any penalty on the petitioners, could not have been set aside and the matter could not have been remanded back to the Adjudicating Authority for de novo proceedings, without issuing notice to the petitioners and without giving an opportunity of hearing to them. - As a result of no notice and no opportunity of hearing having been given to the petitioners, they have been denied an opportunity to contest the appeal filed by the Department and to present their case before the Tribunal. - The order passed by the Tribunal being violative of the principles of natural justice and having been passed at the back of the petitioners without serving any notice upon them and without giving any opportunity of hearing to them is, therefore, liable to be set aside to the extent it relates to the present petitioners. – mater remanded back for de novo proceedings

Citation :
A K NIJHAWAN...Appellant Versus UNION OF INDIA & ORS.....Defendant