Customs Broker licence suspension must be followed by timely statutory order; fresh action may still proceed under revocation rules.

A Customs Broker licence suspension under Regulation 19 cannot continue indefinitely unless a further statutory order is passed after the hearing under Regulation 19(2). Where no such order is made, the suspension loses force. The decision also clarifies that this lapse does not prevent the department from initiating fresh proceedings under Regulation 20 for revocation of licence or penalty, provided the prescribed procedure is followed. The suspension mechanism is therefore temporary and must be followed by the mandated statutory decision, while separate disciplinary or penal action remains available under the relevant revocation framework.

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Issues: (i) Whether the suspension of the Customs Broker licence could continue in the absence of a further order under Regulation 19(2) of the Customs Brokers Licensing Regulations, 2013; (ii) whether the respondents could still initiate action under Regulation 20 of the Customs Brokers Licensing Regulations, 2013.

Issue (i): Whether the suspension of the Customs Broker licence could continue in the absence of a further order under Regulation 19(2) of the Customs Brokers Licensing Regulations, 2013.

Analysis: The suspension was made under Regulation 19(1), but after the hearing no order was passed either continuing the suspension or dropping the proceedings within the framework contemplated by Regulation 19(2). The scheme of the Regulations requires a prompt decision after suspension, and a suspension cannot be allowed to remain in force indefinitely without the statutory follow-up order. In that situation, the original suspension order cannot survive beyond its permissible life.

Conclusion: The suspension order had outlived its validity and was no longer in force, in favour of the petitioner.

Issue (ii): Whether the respondents could still initiate action under Regulation 20 of the Customs Brokers Licensing Regulations, 2013.

Analysis: The later show cause notice under the Customs Act did not substitute for the separate procedure prescribed for revocation of licence or imposition of penalty under Regulation 20. The Court preserved the authority of the Customs Department to proceed under Regulation 20 in accordance with law, notwithstanding the failure to pass a timely order on the suspension.

Conclusion: Liberty was left open to the respondents to proceed under Regulation 20 in accordance with law.

Final Conclusion: The impugned suspension could not continue for want of a timely statutory decision, but the departmental authorities were left free to take fresh action under the prescribed revocation and penalty procedure.

Ratio Decidendi: A suspension of a Customs Broker licence under Regulation 19 is temporary and must be followed by the statutorily mandated decision within the prescribed time, failing which the suspension cannot subsist; any further action for revocation or penalty must be taken under Regulation 20.

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