CHA licence suspension to be revoked when proceedings were not completed within the Tribunal's stipulated time

The Tribunal's earlier order had required the Commissioner to conclude CHA licence suspension proceedings within three months of receiving the order, failing which the suspension would stand set aside. The Commissioner did not complete the proceedings within that time and did not seek extension before expiry. On that basis, the earlier direction became enforceable, and the licence holder was entitled to resume activity. The suspension was therefore required to be revoked and the CHA licence restored, and the miscellaneous application was allowed.

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Issues: Whether the suspension of the CHA licence was liable to be revoked and the licence restored when the Commissioner failed to conclude the proceedings within the time stipulated in the Tribunal's earlier order.

Analysis: The Tribunal noted that its earlier final order had required the Commissioner to conclude the suspension proceedings within three months from receipt of the order, failing which the suspension would stand set aside. The Commissioner neither concluded the proceedings within that period nor sought extension of time before expiry. In these circumstances, the earlier direction became enforceable and the appellant became entitled to resume activity under the licence.

Conclusion: The suspension was required to be revoked and the licence restored, and the miscellaneous application was allowed.

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