Just a moment...
Press 'Enter' to add multiple search terms. Rules for Better Search
Use comma for multiple locations.
---------------- For section wise search only -----------------
Accuracy Level ~ 90%
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
Don't have an account? Register Here
Press 'Enter' after typing page number.
Issues: Whether suspension of the customs house agent's licence could be continued without granting a personal hearing and whether the matter required reconsideration by a speaking order.
Analysis: There was a substantial time gap between the underlying incident and the suspension order. No hearing had been afforded before the suspension was issued. In these circumstances, the matter required compliance with natural justice before the question of continuation of suspension could be decided.
Conclusion: The Commissioner of Customs was directed to grant a personal hearing and pass a speaking order on whether the suspension should continue. If no such order was passed within four weeks, the suspension order would stand vacated. The contemplated inquiry under Regulation 23 could still proceed.
Final Conclusion: The suspension was not finally upheld and the issue of its continuance was sent back for fresh decision after hearing the appellant, with consequential automatic vacation if the direction was not complied with.
Ratio Decidendi: An order suspending a licence without prior hearing, especially where there is a significant delay between the alleged misconduct and the suspension, cannot be allowed to continue without first affording an opportunity of hearing and passing a reasoned order.