CHA licence revocation needs proven misconduct and proper consideration of renewal material before security forfeiture can stand.

Revocation of a CHA licence and forfeiture of security require a legally sustainable finding of proven misconduct or comparable serious non-compliance, not merely a change in constitution or pending renewal correspondence. The record showed that fresh applications and an enquiry report supporting renewal were not properly considered, and the order failed to address the absence of proven loss of revenue or other blatant breach. On that basis, the revocation order could not be sustained on the existing record, and the matter was remanded for fresh adjudication with a specific finding on the enquiry report.

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Issues: Whether revocation of the CHA licence and forfeiture of security were justified when the firm reported a change in constitution and repeatedly sought renewal or fresh consideration of its application.

Analysis: Regulation 15(1) of the Custom House Agents Licensing Regulations required reporting of a change in constitution and, where necessary, a fresh application within the prescribed time. The record showed that the department repeatedly called for fresh applications and correspondence ensued, but the fresh applications and the enquiry report favouring renewal were not properly considered. The order of revocation did not adequately deal with the enquiry findings or the absence of any proven misconduct, loss of revenue, or blatant non-compliance warranting the extreme step of revocation and forfeiture.

Conclusion: The revocation order could not be sustained on the existing appreciation of facts and law. The impugned order was set aside and the matter was remanded for a specific finding on the enquiry report, resulting in relief to the appellant.

Final Conclusion: The dispute was sent back for fresh adjudication after rejection of the revocation-based action on the present record.

Ratio Decidendi: Revocation of a CHA licence and forfeiture of security require a legally sustainable finding of proven misconduct or comparable serious non-compliance, and the authority must meaningfully consider the relevant renewal or fresh application material before taking such action.

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