- (1.) On 11th April, 2011 sister Indira Banerjee, J. passed the following order allowing the prayer of the writ petitioner : "A Customs House Agent cannot be kept under indefinite suspension. A decision ought to have been taken within the time stipulated in Regulation 22, as amended. This has not been done. This Court deems it appropriate to direct the respondents to conclude the proceedings positively within 45 days from date, failing which the suspension order shall stand revoked. If the proceedings are not concluded within the time stipulated herein above, the entire proceedings shall lapse. The petitioners shall, however, cooperate with the authorities. If the petitioners do not appear in spite of notice, orders may be passed ex parte."
(2.) It is not in dispute that the proceeding was not concluded within 45 days. Therefore, going by the order indicated above, the entire proceedings lapsed.
(3.) The Customs Authority, however, appear to have taken out an application seeking extension of time to conclude the proceedings which was allowed by an order dated 12th October, 2012. This order has been challenged by the writ petitioner.;