Mandatory procedure for CHA licence revocation requires furnishing the inquiry report and considering representation before adverse action.

Revocation of a Customs House Agent licence under Regulation 22 of the Customs House Agents Licensing Regulations, 2004 is procedurally invalid unless the inquiry report is first furnished to the agent and an opportunity to represent is given. The Commissioner must then consider both the inquiry report and any representation before passing an adverse order, because these steps are mandatory safeguards of natural justice. Where the inquiry report is not supplied, the revocation cannot be sustained and the matter requires reconsideration after proper compliance with the prescribed procedure.

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Issues: Whether revocation of the Customs House Agent licence was vitiated for non-furnishing of the inquiry report and non-compliance with the mandatory procedure under Regulation 22 of the Customs House Agents Licensing Regulations, 2004.

Analysis: Regulation 22(6) requires the Commissioner of Customs to furnish the Customs House Agent a copy of the inquiry report and to invite a representation within the stipulated time. Regulation 22(7) requires the Commissioner to pass orders only after considering the inquiry report and any representation made. The requirement to supply the report and consider the response is mandatory and forms part of the procedural safeguard before an adverse order is passed. Since the inquiry report was not furnished, the revocation order could not be sustained.

Conclusion: The impugned revocation order was set aside and the matter was remanded for fresh decision after following the principles of natural justice.

Ratio Decidendi: Compliance with the mandatory pre-decisional procedure of furnishing the inquiry report and considering the Customs House Agent's representation under Regulation 22 is essential before revocation of a CHA licence.

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