Mandatory inquiry report deadline under CHA licensing rules made late revocation unsustainable

A mandatory 90-day period for submission of the inquiry report under the Customs House Agent Licensing Regulations was treated as binding, not directory. Because the report was filed well beyond that limit, the consequential revocation of the CHA licence was found unsustainable and the challenge succeeded. The merits of the alleged misconduct were not examined further once the delay was held to vitiate the revocation order. The analysis turned on the distinction between statutory language framed as "shall" and "may", with the prescribed timeline treated as essential to validity.

---

---

Issues: Whether the revocation of the CHA licence was unsustainable for breach of the time limit prescribed for submission of the inquiry report under the licensing regulations.

Analysis: The inquiry report was submitted well beyond the period of ninety days prescribed under Regulation 22(5) of the Customs House Agent Licensing Regulations, 2004. The distinction between provisions framed with "shall" and those framed with "may" was treated as material, and the prescribed timeline for the inquiry report was held to be mandatory. In view of the binding precedent relied upon, the delay was held to render the impugned revocation order unsustainable. The merits of the alleged misconduct were not examined further once the order was found to be time-barred.

Conclusion: The delay in submission of the inquiry report vitiated the revocation order, and the challenge succeeded in favour of the appellant.

Ratio Decidendi: Where a statutory licensing regulation prescribes a mandatory period for submission of an inquiry report, non-compliance with that period renders the consequential revocation order unsustainable.

---