Natural justice in licence revocation inquiries requires fair cross-examination, participation, and independent decision-making to sustain adverse orders.

In a quasi-judicial inquiry affecting a licence, denial of a fair opportunity to cross-examine the investigating officer, non-service of the hearing notice, and reliance on the Presenting Officer's brief without independent application of mind were treated as breaches of natural justice. The Tribunal's finding that these defects vitiated the inquiry and made the consequential revocation order unsustainable was upheld, because a disciplinary process must allow effective participation and testing of adverse material. No perversity was shown in that conclusion, and the revocation order did not survive judicial scrutiny.

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Issues: Whether the Tribunal was justified in holding that the revocation proceedings were vitiated by breach of natural justice, including denial of cross-examination and non-supply of relevant material, so as to render the order of revocation unsustainable.

Analysis: The Tribunal's findings were based on the inquiry record and showed that the charged Custom Broker's request for cross-examination of the investigating officer was not effectively granted, that notice of the relevant hearing was not shown to have been served, and that the inquiry proceeded without due participation of the charged party. The record also supported the view that the inquiry authority relied on the brief of the Presenting Officer without independently applying its mind to the issues raised. In disciplinary or quasi-judicial proceedings of this nature, denial of a fair opportunity to test adverse material and failure to comply with natural justice vitiate the inquiry.

Conclusion: The Tribunal was right in holding that the inquiry and the consequential revocation order were unsustainable for violation of natural justice, and no perversity was shown in that conclusion.

Final Conclusion: The challenge to the Tribunal's order failed, and the revocation order did not survive judicial scrutiny.

Ratio Decidendi: Where a quasi-judicial inquiry affecting a licence is conducted without affording a fair opportunity of cross-examination and participation, the resulting finding is vitiated by breach of natural justice and cannot sustain the consequential penal order.

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