Pending licence revocation proceedings justify time-bound adjudication with continued interim protection until the authority decides.
Where statutory revocation proceedings for a Customs House Agent's licence are already pending and the noticee has filed a reply, the writ court may decline to decide the merits and instead direct the competent authority to complete adjudication within a fixed time. The interim protection against suspension was continued until the adjudication order is passed, and the petitioner was restrained from seeking adjournments. The matter was thus allowed to proceed to its logical conclusion before the customs authority rather than being finally determined in writ proceedings.
Issues: Whether, in view of the pending show cause proceedings for revocation of the Customs House Agent's licence, the writ petition should be disposed of by directing expeditious adjudication and continuation of interim protection.
Analysis: A show cause notice had already been issued under Regulation 22 of the Customs House Agents' Licensing Regulations, 2004 for revocation of the licence, and the petitioner had filed its reply. In these circumstances, instead of adjudicating the controversy on merits in the writ proceeding, the matter was directed to be taken to its logical conclusion by the competent authority within a fixed time. The interim stay against suspension was continued until the adjudication order was passed, and the petitioner was restrained from seeking adjournments.
Conclusion: The writ petition was disposed of with a direction to the Commissioner of Customs to complete the proceedings and pass an adjudication order within six months, and the stay of suspension was continued till such order was passed.
Final Conclusion: The proceeding ended with a time-bound direction for statutory adjudication and continued interim protection for the petitioner until completion of that adjudication.
Ratio Decidendi: Where statutory revocation proceedings are already pending and the noticee has responded, the writ court may direct expeditious completion of the adjudication instead of entering into the merits of the dispute.
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