- (1.) The subject matter of challenge in this appeal is a judgment and order dated 1st April, 2010 [2015 (321) E.L.T. 670 (Tri. - Kol.)]. The appeal was dismissed summarily for the following reasons: "7. We find that Shri Ashis Kr. Bose submitted a Bill of Entry dated 10-7-2006 without any authorization and produced CFL examination report dated 17-7-2006 which was found to be forged and this fact was not in dispute. In the circumstances, we find no infirmity in the impugned order. Further, we find that the adjudicating authority also revoked the Identity Card of appellant, Mr. Ashis Kr. Bose. We find that as per the provisions of the Customs House Agents Licensing Regulations, 2004, the only appeal lies against the order passed under Regulation 20 or Regulation 22 and no appeal is pending before the Tribunal against the suspension of the Identity Card, hence, we find no infirmity in the impugned order in respect of Cus. Appeal No. 04/08. Hence, the appeal filed by Shri Ashis Kr. Bose is dismissed." It was not disputed by Mr. Saraf that the finding recorded by the learned Tribunal "no appeal is pending before the Tribunal against the suspension of the Identity Card" is factually incorrect. As a matter of fact, both the punishments, namely imposition of fine for a sum of Rs. 1 lakh and the suspension of the Identity Card, were challenged in the appeal as would appear at page 39 of the Memorandum of Appeal.
(2.) Therefore, the dismissal of the appeal was product of non-application of mind. By non-application of mind on the part of the learned Tribunal, the appellant who has been denuded of his livelihood continued to suffer for more than 5 years and we have now to remand the matter which is also the course suggested by Mr. Saraf. But that would not be doing complete justice to the appellant. We are of the opinion that the Customs authority being the respondent should pay compensation assessed at the rate of Rs. 1 lakh each year. The impugned judgment and order was rendered on 1st April, 2010 and since five years have expired, the compensation is fixed at Rs. 5 lakhs to be paid within two weeks from the date of service of a copy of this order.
(3.) Mr. Saraf prayed for stay of operation of the order, which is considered and rejected. The matter is remanded to the learned Tribunal who shall consider the appeal on merit within three months from the date of communication of this order.;