- (1.) 1. We are of the view in this matter no order of admission is required. However, when we hear about the progress of the proceeding pursuant to the order of the learned Tribunal we learnt that within the time stipulated by the learned Tribunal proceedings for such enquiry has not been completed. It is submitted that the appellant before us has not conveyed any statement of defence, as such the authority concerned could not proceed with the matter. We do not appreciate to this. When learned Tribunal has fixed time limit it ought to have been proceeded with the reasonable dispatch so that the time limit could be adhered to. In any view of the matter when the learned Tribunal has not decided anything else we do not find any reason to admit the appeal on any ground, simply we cannot do so under the law.
(2.) However, we expedite the matter by the following direction: We direct the respondent authorities concerned to complete the exercise in terms of the order of the learned Tribunal peremptorily within two months form the date of receipt of the copy of this order. In the event in spite of notice being served upon the learned Advocate and/or upon the appellant, the appellant does not cooperate, it would be open for the department to proceed in his absence in accordance with law, however, order which might be passed must be a speaking one. In the event within the time as above the enquiry of all proceedings are not completed with the passing of the final order then all actions which had been taken by the department shall stand set aside and quashed. In that case follow up action shall be taken to restore the appellant's position in the department as a custom house clearing agent.
(3.) There will be no order as to costs.;