Prima facie case required for stay of CHA licence suspension pending inquiry; evidence adequacy left for final hearing.

A CHA licence suspended with immediate effect pending inquiry under the CHA Licensing Regulations, 1984 was sought to be stayed. The tribunal held that interim stay required a prima facie case, and the adequacy of the evidence supporting the alleged regulatory contraventions could not be examined at the stay stage because that issue belonged to final hearing. On the material placed, no prima facie case for stay was shown, so the request for stay was rejected.

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Issues: Whether the applicant was entitled to stay of operation of the order suspending the CHA licence pending inquiry.

Analysis: The licence had been suspended with immediate effect under the CHA Licensing Regulations, 1984 pending inquiry on allegations of contravention of specified regulations. For grant of stay, a prima facie case had to be shown. On the material placed, the adequacy or otherwise of the evidence supporting the alleged contraventions could not be examined at the stay stage and was a matter for final hearing.

Conclusion: No prima facie case for stay was made out, and the request for stay was rejected.

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