Customs broker licence suspension cannot continue indefinitely without timely revocation proceedings under the governing regulations.

Interim suspension of a customs broker licence under the governing regulations cannot continue indefinitely without timely initiation of revocation proceedings. Although the suspension and its confirmation were made within the Regulation 19 timeline, the record did not show timely action on the DRI show cause notice for proceedings under Regulation 20(1), and no revocation step was taken for an inordinate period. The unexplained delay and administrative inaction made continued suspension unreasonable because it operated as a prolonged deprivation of livelihood. The suspension was therefore ordered to be revoked.

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Issues: Whether continuation of suspension of the customs broker licence was justified where no action for revocation had been initiated under the prescribed regulation within a reasonable time.

Analysis: The suspension and its confirmation were found to have been made within the time-line under Regulation 19 of the Customs Brokers Licensing Regulations, 2013. However, the record did not show that the show cause notice issued by the DRI had been received by the competent Commissioner for action under Regulation 20(1). Even assuming such receipt was absent, more than 14 months had passed since suspension and more than 8 months had passed since the DRI notice, with no step taken to initiate revocation proceedings. Suspension is only an interim measure and cannot be permitted to continue indefinitely so as to deprive the licence-holder of livelihood. The delay and inaction made continuation of suspension unreasonable.

Conclusion: Continuation of suspension was not justified and the suspension of the customs broker licence was ordered to be revoked.

Final Conclusion: The appeal succeeded, and the interim suspension of the customs broker licence was set aside in view of the unexplained and inordinate delay in initiating revocation proceedings.

Ratio Decidendi: Interim suspension of a customs broker licence cannot be allowed to continue for an inordinate period without timely initiation of revocation proceedings under the governing regulations.

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