Customs broker licence suspension reference rejected, but enforcement directed for prior restoration order to be implemented immediately.

A reference on suspension of a custom house agent licence under Regulation 21(2) failed because the formulated question on whether a show cause notice was mandatory did not arise from the Tribunal's challenged order. The reference can be entertained only where the question truly emerges from the order under challenge, so the proposed issue was rejected. Separate compliance directions were justified because the Tribunal had already passed a final order restoring the licence, and that order had to be implemented. Immediate implementation was ordered and compliance was to be reported.

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Issues: (i) Whether the question framed for reference arose from the Tribunal's order on suspension of the custom house agent licence under Regulation 21(2) of the Custom House Agents Licensing Regulations, 1984. (ii) Whether directions were warranted for immediate implementation of the Tribunal's earlier order restoring the licence.

Issue (i): The reference sought a ruling on whether a show cause notice was mandatory before suspension of a custom house agent's licence under Regulation 21(2). The challenged order did not record any finding that issuance of such notice was mandatory. A reference can be made only when the question framed truly arises from the order under challenge.

Conclusion: The formulated question did not arise out of the Tribunal's order and the reference was rejected.

Issue (ii): The earlier final order had already set aside the suspension action, and the grievance was that the order had not been implemented. In such a situation, directions for compliance were justified to give effect to the operative decision already rendered.

Conclusion: The Commissioner was directed to immediately implement the earlier order and report compliance.

Final Conclusion: The reference failed, but the party in whose favour the earlier restoration order had been made obtained enforcement directions, so the matter was disposed of with mixed procedural consequences.

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