Customs House Agent licence suspension set aside for delayed revocation notice and non-compliance with prescribed procedure.

Suspension of a Customs House Agent licence was held unjustified at the interim stage where the prescribed revocation procedure was not followed and no final notice was issued within the stipulated time under CBEC Circular No. 9/10 dated 08.04.2010. Although the charge was serious, the licence remained under suspension for more than 28 months without final disclosure of evidence or a final hearing. On those facts, the suspension order was set aside and the licence was restored as an interim measure in favour of the appellant.

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Issues: Whether the suspension of the Customs House Agent licence, confirmed after post-decisional hearing, was liable to be set aside and the licence restored in view of the delay in issuing the final notice for revocation and non-adherence to the prescribed procedure.

Analysis: The charge against the appellant was serious, but the prescribed procedure under CBEC Circular No. 9/10 dated 08.04.2010 was not followed. The circular contemplated issue of a final notice for revocation within the stipulated time, whereas no such notice had been issued even after a prolonged period. The licence had remained under suspension for more than 28 months without final disclosure of evidence or final hearing. In these circumstances, continuation of the suspension was considered unjustified at the interim stage.

Conclusion: The suspension order was set aside and the licence was restored as an interim measure, in favour of the appellant.

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