Post-decisional hearing and speaking order required before continuing Customs House Agent licence suspension under licensing regulations.

Suspension of a Customs House Agent licence under Regulation 21(2) must comply with minimum fairness where punitive or damaging action is taken in a quasi-judicial setting. A post-decisional personal hearing is required, and the Commissioner must decide whether suspension should continue by a reasoned speaking order. The subsequent enquiry notice under Regulation 23 was also relevant to the procedure to be followed. The matter was remanded for personal hearing and fresh consideration in accordance with those guidelines.

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Issues: Whether the suspension of the Customs House Agent licence under Regulation 21(2) could be sustained without affording a post-decisional personal hearing and passing a speaking order, and whether the matter required remand for further proceedings.

Analysis: The suspension was made in exercise of powers under Regulation 21(2) of the Customs House Agents Licensing Regulations, 1984. The operative principle applied was that when punitive or damaging action is taken in a quasi-judicial capacity, minimum fairness requires a post-decisional hearing. In view of the earlier Larger Bench ruling relied upon, the Commissioner was required to hear the appellant personally and decide whether the suspension should continue by a reasoned order. The subsequent notice for enquiry under Regulation 23 was also taken into account, and the matter was therefore required to proceed in accordance with the guidelines laid down.

Conclusion: The suspension issue was not finally upheld on merits and the matter was remanded to the Commissioner for personal hearing and a speaking order under Regulation 21(2) with proceedings under Regulation 23.

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