Immediate licence suspension requires recorded reasons showing urgent necessity before bypassing ordinary procedure.

Immediate suspension of a CHA licence under Regulation 21(2) is valid only where the order itself records the reasons and circumstances showing that urgent action was necessary and that the ordinary show-cause procedure could not wait. A bare assertion of prima facie satisfaction is insufficient unless it reflects application of mind to the need to bypass Regulation 23. On the facts, the suspension order gave no explanation for immediate action, so it was unsustainable and was set aside, while liberty was left to proceed afresh in accordance with law and natural justice.

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Issues: Whether the suspension of the CHA licence under Regulation 21(2) of the Custom House Agents Licencing Regulations, 1984 could be sustained without setting out the reasons showing that immediate action was necessary and without following the procedure contemplated under Regulation 23.

Analysis: Regulation 21(2) confers power to suspend a licence in appropriate cases where immediate action is necessary and an enquiry is pending or contemplated. That power is not in doubt, but the order invoking it must disclose the reasons and circumstances justifying immediate suspension, including why the normal procedure and show-cause notice requirement were being bypassed. A bare statement of prima facie satisfaction is insufficient unless the order itself shows application of mind to the need for immediate action. On the facts, the suspension order did not explain why immediate suspension was required, although the alleged misconduct was not shown to require such urgent action.

Conclusion: The suspension order could not be sustained and was set aside. The appellant succeeded, while liberty was left to the Commissioner to proceed afresh in accordance with law and natural justice.

Final Conclusion: Immediate suspension under Regulation 21(2) must be supported by recorded reasons showing necessity for urgent action, and failure to do so renders the suspension unsustainable.

Ratio Decidendi: A licence suspension under an emergency suspension provision is valid only when the order itself records the necessity for immediate action and discloses application of mind to bypassing the ordinary procedure.

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