Immediate suspension of a customs agent licence still requires natural justice and a post-decisional hearing.

Immediate suspension of a Customs House Agent licence under Regulation 21(2) is not subject to the full notice-and-hearing procedure in Regulation 23, because the provision is designed for urgent interim action and operates with a non obstante clause. Even so, the suspension power is quasi-judicial and carries civil consequences, so natural justice still requires at least a reasonable hearing, which may be post-decisional in an emergency. Because no hearing was given even after the suspension order, the suspension was held bad in law and as a colourable exercise of power, and a personal hearing with a speaking order was directed on continuation of the suspension.

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Issues: Whether the procedure of notice and hearing under Regulation 23 of the Customs House Agents Licensing Regulations, 1984 applies to an immediate suspension of licence under Regulation 21(2), and whether the suspension order could be sustained without even a post-decisional hearing.

Analysis: Regulation 21(1) is expressly made subject to Regulation 23, but Regulation 21(2) contains a non obstante clause and is intended for immediate interim action where urgent circumstances exist. On that footing, the full procedure under Regulation 23 is not attracted to action under Regulation 21(2). At the same time, because suspension of a CHA licence has civil consequences and the power is quasi-judicial in character, the rules of natural justice are implied. The minimum requirement in an emergency setting is a reasonable hearing, which may be post-decisional. On the facts, no hearing was afforded even after the suspension order.

Conclusion: The suspension could not be sustained in the absence of at least a post-decisional hearing, and the order was held to be bad in law and in colourable exercise of power. The Commissioner was directed to grant a personal hearing and pass a speaking order on continuation of the suspension.

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