Per S.L. Peeran : The appellant is a CHA Agent who has been placed under suspension after six months of the cause of action. The appellant himself had informed to the Department about the mistake committed by his documentation clerk in the shipping bills. His case is that there was no intention to commit any fraudulent act and there was no cause for putting him under suspension by Show Cause Notice dated 19.11.2000. It is his complaint that till date, the Commissioner has not completed the enquiry as required in terms of the provisions of CHAL Regulation.

2. The learned Counsel submits that when the action taken for suspension is not immediate and that the Commissioner has also not proceeded to complete the enquiry, then in such a circumstance, the suspension order is required to be set aside. He refers to this bench's order in V.K. Singh Vs. CC, Hyderabad - 2004 (61) RLT 304 (CESTAT-Ban.)=2004 (164) ELT 108 (Tri.-Bang.) wherein, following the ratio of earlier orders of the Tribunal in the case of Freightwings Travels Ltd. Vs. Commissioner - 2001 (43) RLT 439 (CEGAT-LB)=2001 (129) ELT 226 and that of Calcutta High Court rendered in the case of N.C. Singha Sons Vs. UOI - 199