Mandatory procedural sequence under Customs House Agents Licensing Regulations bars re-enquiry before report is served and representation considered.

Regulation 23 of the Customs House Agents Licensing Regulations, 1984 requires a mandatory sequence before suspension or revocation of a licence: after the inquiry officer submits findings, the Commissioner must furnish the report to the Customs House Agent and consider any representation before passing orders. The regulation does not confer any power to discard the inquiry report and direct a re-enquiry. Sub-regulation (7) operates only after compliance with sub-regulation (6), so the Commissioner's authority is confined to deciding the matter on the report and the reply, if any. A re-enquiry order issued without following this sequence was therefore unsustainable.

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Issues: Whether the Commissioner had power under Regulation 23 of the Customs House Agents Licensing Regulations, 1984 to order a re-enquiry after the inquiry officer had submitted his report, without first furnishing the report to the Customs House Agent and inviting representation.

Analysis: Regulation 23 prescribes a sequential procedure for suspension or revocation of a licence. After the inquiry officer submits findings, the Commissioner must furnish the report to the Customs House Agent and consider the representation, if any, before passing orders. The regulation contains no provision enabling the Commissioner to discard the inquiry report and direct a re-enquiry. Sub-regulation (7) can operate only after compliance with sub-regulation (6), and the Commissioner's power is confined to passing orders after considering the report and the representation.

Conclusion: The Commissioner had no authority to order a re-enquiry; the impugned order was unsustainable and was set aside.

Ratio Decidendi: Where a statute or regulation prescribes a mandatory stepwise procedure, the authority cannot bypass an intermediate mandatory stage or create a power of re-enquiry not conferred by the text.

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