Chiranjib Chakraborty v. Union Of India And ORS

OD-2 ORDER SHEET

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE WPO/891/2025 CHIRANJIB CHAKRABORTY VS UNION OF INDIA AND ORS

BEFORE:

The Hon'ble JUSTICE OM NARAYAN RAI Date :January 13, 2026.

Appearance :

Ms. Micky Chowdhary, Adv.

Mr. B. N. Pal, Adv.

...for the petitioner Mr. Vipul Kundalia, Sr. Adv.

Mr. Anurag Roy, Adv.

...for the Customs Authority The Court:

1.

This writ petition has been filed seeking issuance of a writ of mandamus commanding the respondents to "forthwith release the name of the petitioner as the F card holder of the respondent no.3", so as to enable the petitioner to take another employment.

2.

It is the petitioner's case that the petitioner was an employee of the respondent no.3. The petitioner is holding F card issued by the Commissioner of Customs, Kolkata. On or about May 2, 2025, the petitioner resigned from the services of the said custom broker firm, i.e., the respondent no.3.

3.

However, despite the petitioner's resignation, the petitioner's name has not been deleted from the Custom Broker Licence Management System (CBLMS) profile of the respondent no. 3 on the online portal of the Customs Authority which manages the registration of licensees. 4.

Since the petitioner's name has not been deleted from the CBLMS profile of the respondent no. 3 as aforesaid, the petitioner is unable to take up any other employment and hence this writ petition. 5.

Ms. Chowdhary, learned advocate appearing for the petitioner, submits that once the petitioner has resigned from the firm of the respondent no.3 and has informed the respondent Customs Authorities about the petitioner having tendered his resignation from the services of the respondent no.3, it was incumbent on the respondent Customs Authority to delete the petitioner's name from CBLMS profile of the respondent no. 3 so that the petitioner could take up another employment to earn his livelihood. 6.

Ms. Chowdhary further submits that the petitioner has also been communicated with a letter dated December 10, 2025 issued by the Assistant Commissioner of Customs, Customs Broker Section (AP & ACC), Custom House, Kolkata, addressed to the respondent no.3 calling upon the said respondent to submit the required CBLMS application for cancellation of F card of the petitioner within seven days from the date of receipt of the said communication so that the petitioner's resignation from the respondent no.3 firm could be duly effected in the CBLMS profile. 7.

The said letter also cautions the respondent no.3 that if no reply is received within seven days from the date of receipt thereof, it would be

presumed that there is no objection on the part of the respondent no.3 in respect of the petitioner's release and the Department would be free to proceed further. The said letter is taken on record.

8.

A letter dated January 7, 2026 along with the postal receipt and the postal track report has also been handed up to Court by Ms. Chowdhary, learned advocate appearing for the petitioner to demonstrate service of notice on the respondent no.3 in terms of the order dated January 7, 2026. The same are also taken on record.

9.

Mr. Kundalia, learned senior advocate appearing for the respondent Customs Authorities, hands up to Court a copy of a letter dated December 31, 2025 issued by the Assistant Commissioner, Customs Broker Section (AP & ACC), Custom House, Kolkata addressed to the Principal Commissioner/Commissioner of Customs, CBLMS, Mumbai, Customs Zone-I and submits that a request has already been made by the Calcutta Customs Authorities to the CBLMS authorities at Mumbai for deletion of the name of the petitioner from the CBLMS profile of the respondent no.3. The copy of the said letter dated December 31, 2025 handed up to court is also taken on record. 10.

None appears for the respondent no.3 despite repeated service. 11.

Heard learned advocates appearing for the respective parties and considered the material on record.

12.

In view of the letter dated December 10, 2025 addressed to the respondent no.3 by the Assistant Commissioner of Customs and the letter dated December 31, addressed to the Principal Commissioner/Commissioner of Customs, CBLMS, Mumbai by the Kolkata

Customs Authorities, there does not appear to be any good reason for allowing the petitioner's name to continue in the CBLMS profile of the respondent no.3. The petitioner has already tendered his resignation from the respondent no.3 firm and the Customs Authorities evidently do not have any objection to the deletion of the petitioner's name from the CBLMS profile of the respondent no.3. The respondent no.3 has chosen not to present its case before this Court and as such, it can be safely presumed that the respondent no.3 also has no objection to the deletion of the petitioner's name. 13.

In such view of the matter, the respondent Customs Authorities are requested to release the petitioner from the CBLMS profile of the respondent no. 3 as also to delete the petitioner's name from the CBLMS profile of the respondent no.3 as expeditiously as possible, preferably within a period of two weeks from the date of communication of this order. 14.

WPO/891/2025 stands disposed of with the above observation. No costs. (OM NARAYAN RAI, J.) kc.