Immediate suspension of CHA licence upheld where serious allegations justified action without prior enquiry.

Regulation 21(2) of the Customs House Agents Licensing Regulations, 1984 permits the Commissioner to suspend a CHA licence immediately without prior enquiry where the allegations are sufficiently serious to require prompt action. On facts, the suspension was based on serious allegations that the CHA had assisted fictitious exporters, and the order was treated as properly exercised within that power. The cited larger bench ruling did not the challenge because the existence of the suspension power itself was not in dispute. The suspension was sustained, and the authority was directed to complete the enquiry and pass a final order after hearing the appellant.

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Issues: Whether the Commissioner of Customs was justified in suspending the CHA licence under Regulation 21(2) of the Customs House Agents Licensing Regulations, 1984 without holding an enquiry, and whether the suspension order was liable to be set aside.

Analysis: Regulation 21(2) empowers the Commissioner to suspend a CHA licence by dispensing with enquiry in an appropriate case where immediate action is required. The power was exercised on the basis of serious allegations that the CHA had assisted fictitious exporters, and the order was found to have been passed with due regard to the nature of the conduct alleged. The cited larger bench decision did not assist the appellant because the existence of the suspending power under Regulation 21(2) was not in dispute.

Conclusion: The suspension order was valid and was rightly upheld. The challenge to the suspension failed.

Final Conclusion: The licence suspension was sustained, while the competent authority was directed to expedite the enquiry and pass a final order in accordance with law after hearing the appellant.

Ratio Decidendi: Under Regulation 21(2) of the Customs House Agents Licensing Regulations, 1984, the Commissioner may order immediate suspension of a CHA licence without prior enquiry in an appropriate case where the allegations are sufficiently serious to warrant prompt action.

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