Cancellation of a 'G' Card lacks authority absent express regulation, and disproportionate examination misconduct cannot justify it.

The Customs House Agents Licensing Regulations, 1984 do not provide any express power to cancel a duly granted 'G' Card once issued after the Regulation 20(3) examination. The commentary notes that the approval power in Regulation 20(1) concerns appointment by a Customs House Agent and cannot be stretched to withdrawal of the card itself. Alleged misconduct in the examination hall, even if established, may justify action relating to the examination process, but not cancellation of the card, particularly where the punishment is disproportionate to the lapse alleged. On that reasoning, the cancellation was without authority of law and could not stand.

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Issues: Whether the Customs authorities had power under the Customs House Agents Licensing Regulations, 1984 to cancel a 'G' Card already granted to an employee on the ground of alleged misconduct in a Regulation 9 examination, and whether such cancellation was justified in the circumstances.

Analysis: The 'G' Card is issued after the person has passed the examination referred to in Regulation 20(3) of the Customs House Agents Licensing Regulations, 1984. The Regulations do not contain any provision authorising cancellation of a 'G' Card once granted. The power recognised in Regulation 20(1) relates to approval for appointment of a person by a Customs House Agent, and any power to withdraw that approval cannot be stretched to cancellation of the card itself. The alleged possession of a slip of paper in the examination hall may, at the highest, justify action relating to that examination, but it does not furnish a legal basis for cancelling the card, and the punishment imposed was disproportionate to the alleged lapse.

Conclusion: The cancellation of the 'G' Card was without authority of law and could not stand; the appeal was allowed in favour of the appellant.

Ratio Decidendi: In the absence of an express enabling provision, an administrative authority cannot cancel a duly granted 'G' Card merely because of alleged misconduct in the examination process, especially where the action is disproportionate to the lapse alleged.

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