Natural justice requires a personal hearing before Customs House Agent licence suspension is continued.

A Customs House Agent licence suspension cannot be sustained unless the licence-holder is given a personal hearing and the Commissioner passes a speaking order on whether suspension should continue. The text applies the Larger Bench view that such action must comply with natural justice under Regulation 21(2) of the Customs House Agents Licensing Regulations, 1984. The matter must therefore be reconsidered in accordance with the prescribed procedure, with a fresh hearing before any decision on continuation of suspension.

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Issues: Whether an order suspending a Customs House Agent licence could be sustained without granting the licence-holder a personal hearing and whether the matter required reconsideration in accordance with the applicable regulatory procedure.

Analysis: The Tribunal followed the Larger Bench view that a suspension order passed without hearing the Customs House Agent does not satisfy the requirements of natural justice. It noted that, under Regulation 21(2) of the Customs House Agents Licensing Regulations, 1984, the Commissioner must give a personal hearing and pass a speaking order on the question whether the suspension should continue. The matter was, therefore, required to be dealt with in accordance with the direction already laid down by the Larger Bench.

Conclusion: The suspension could not be upheld without compliance with natural justice, and the Commissioner was directed to proceed afresh by granting a hearing and passing a speaking order.

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