Customs House Agent licence action requires mandatory inquiry procedure before suspension or revocation under the licensing regulations.

A Customs House Agent licence under the 1984 Licensing Regulations could not be suspended or revoked under Regulation 21(1)(b) unless the mandatory procedure in Regulation 23 was followed. That procedure required notice of the proposed action, inquiry by a nominated officer, supply of the inquiry report, and an opportunity of hearing before final decision. Because the impugned order was made under Regulation 21(1)(b) and the prescribed safeguards were not observed, the action was held unsustainable and the suspension and revocation orders were set aside.

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Issues: Whether a Customs House Agent licence could be suspended or revoked under Regulation 21(1)(b) of the Customs House Agents Licensing Regulations, 1984 without following the procedure prescribed under Regulation 23.

Analysis: Regulation 21(1) empowers suspension or revocation of a CHA licence only subject to Regulation 23, which requires notice of the proposed action, inquiry by a nominated officer, supply of the inquiry report, and hearing before a final decision is taken. The order impugned was expressly made under Regulation 21(1)(b) and not under the shortcut procedure contemplated by Regulation 21(2). As the prescribed procedure was not followed, the order could not be sustained.

Conclusion: The suspension and revocation orders were set aside as unsustainable for non-compliance with the mandatory procedure.

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