Natural justice required before prohibiting a customs broker's operations; ex parte restriction was set aside and remanded for hearing.

An order prohibiting a customs broker from working was held procedurally unsustainable because it was issued without notice or an opportunity of hearing. The Tribunal stated that, even where Regulation 23 of the Customs Brokers Licensing Regulations, 2013 does not expressly require notice, any administrative order affecting a broker's working rights must comply with the principles of natural justice. The matter was remanded for fresh consideration after allowing the broker to make a representation, and the interim prohibition on operations in the specified Mumbai zones was revoked.

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Issues: Whether the prohibition order under Regulation 23 of the Customs Brokers Licensing Regulations, 2013 could be sustained when it was passed without issuing notice or granting a hearing, and whether the matter required reconsideration after following the principles of natural justice.

Analysis: The Tribunal declined to examine the underlying alleged contravention but held that, even where Regulation 23 does not expressly provide for notice or hearing, any order affecting the customs broker's working rights must conform to the principles of natural justice. Since the prohibition order had been passed without affording an opportunity to represent the case, the order was procedurally unsustainable. The Tribunal therefore directed the authority to consider any representation and pass a fresh order.

Conclusion: The prohibition order was set aside for breach of natural justice and the matter was remanded for fresh consideration; the interim prohibition on working in Mumbai Zones I, II and III was revoked.

Final Conclusion: Procedural fairness was treated as mandatory before imposing a prohibition affecting a customs broker, and the impugned order was not allowed to stand without reconsideration after hearing the appellant.

Ratio Decidendi: Even in the absence of an express statutory provision, an administrative order imposing prohibition on a customs broker must comply with the principles of natural justice and afford an opportunity of hearing before it is enforced.

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