Statutory representation remedy against courier licence suspension made direct appeal to the Tribunal not maintainable.

A specific statutory representation remedy against suspension of a courier licence displaced a direct appeal to the Tribunal. The governing regulation allowed an aggrieved authorised courier to file a written representation before the Chief Commissioner, who had to decide it after granting a personal hearing. Because the scheme created this exclusive appellate-like mechanism, the Tribunal held that a direct appeal was not maintainable and dismissed it. The principle stated is that where a special statute prescribes a specific remedy against an administrative order, that remedy must be pursued and no appeal lies outside the statutory scheme.

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Issues: Whether the appeal was maintainable in view of the statutory remedy of representation to the Chief Commissioner against an order suspending the courier licence.

Analysis: The governing regulation provided that an authorised courier aggrieved by an order passed under Regulation 14(1) could make a written representation to the Chief Commissioner, who was required to decide it after granting an opportunity of personal hearing. As the statutory scheme created a specific appellate-like representation mechanism, the objection that the appeal before the Tribunal was not maintainable was accepted.

Conclusion: The appeal was not maintainable and was dismissed.

Ratio Decidendi: Where a special statute provides a specific representation remedy against an administrative order, that remedy must be pursued and an appeal not authorised by the scheme is not maintainable.

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