Natural justice required before prohibiting a Customs House Agent; order passed without hearing was set aside.

A prohibition order under Regulation 21 was invalid because it was issued without giving the Customs House Agent an opportunity of hearing. The High Court treated the order as one with civil consequences and held that such administrative action must comply with natural justice. As the petitioner was not heard before the restriction was imposed, the order was found arbitrary and unsustainable, and it was set aside.

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Issues: Whether the prohibitory order passed under Regulation 21 was sustainable when it was issued without affording an opportunity of hearing.

Analysis: Regulation 21 empowers the Commissioner of Customs to prohibit a Customs House Agent from working in specified sections if the prescribed obligations are not fulfilled. The impugned order affected the petitioner's rights and was passed without hearing the petitioner. An administrative order having civil consequences must comply with the principles of natural justice. The order was therefore found to be arbitrary and unsustainable.

Conclusion: The prohibition order under Regulation 21 was held to be invalid for violation of natural justice and was set aside.

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