Natural justice in CHA licence suspension allows post-decisional hearing where immediate action is taken in emergent circumstances.

Suspension of a CHA licence under Regulation 20(2) carries civil consequences and is quasi-judicial in nature. Even where immediate suspension is permissible in emergent circumstances, minimum fairness requires a reasonable opportunity of hearing, which may be provided after the decision. Applying the Larger Bench view on the pari materia earlier regulation, the analysis treats a post-decisional hearing as capable of satisfying natural justice in an urgent case, and regards contrary decisions as distinguishable. On that basis, the suspension was not sustained on the objection raised, and the matter was remitted for post-decisional hearing and fresh orders in accordance with law.

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Issues: Whether suspension of a CHA licence under Regulation 20(2) of the Customs House Agents Licensing Regulations, 2004 could be sustained when the licensee was not granted a prior show cause notice or hearing, and whether a post-decisional hearing was sufficient compliance with natural justice.

Analysis: Suspension of a CHA licence has civil consequences and the power exercised under the regulation is quasi-judicial in nature. The reasoning drawn from the Larger Bench view on the pari materia earlier regulation was applied to hold that, even where immediate suspension is permissible in emergent circumstances, the minimum fairness required by law includes a reasonable opportunity of hearing, which may be provided post-decision. The cited contrary decisions were treated as distinguishable, and the fact that post-decisional hearing had already been offered meant that insistence on a prior show cause notice was not justified.

Conclusion: The suspension could not be sustained on the appellants' objection as framed, and the matter was remitted for post-decisional hearing and fresh orders in accordance with law.

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