Customs House Agent licence suspension requires hearing and speaking order before continuation after delayed action.

Continuation of a Customs House Agent licence suspension requires observance of natural justice where there is a substantial delay between the underlying incident and the suspension order. The text notes that no personal hearing was granted before the suspension was continued, so the matter had to be reconsidered by the Commissioner after hearing the appellant and issuing a reasoned speaking order on whether the suspension should remain in force. The contemplated inquiry under the relevant regulation was left open. If no order was passed within the stipulated time, the existing suspension would stand vacated.

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Issues: Whether suspension of the Customs House Agent licence could be continued without granting a personal hearing and without a speaking order.

Analysis: There was a substantial time gap between the incident relating to the appellant's employees and the later suspension order. No hearing was afforded before passing the suspension order. In these circumstances, and following the cited larger Bench view, the matter required reconsideration by the Commissioner after hearing the appellant and passing a reasoned order on whether the suspension should continue. The contemplated inquiry under the relevant regulation was left open.

Conclusion: The matter was sent back to the Commissioner for a personal hearing and a speaking order on continuation of suspension, with the existing suspension liable to stand vacated if no order was passed within the stipulated time.

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