CHA licence revocation upheld for failure to meet cargo-clearance norms despite medical difficulties

Revocation of a CHA licence was upheld where the agent failed to meet the prescribed cargo-clearance norms under Regulation 12(2) and the related public notice. The governing licensing framework required satisfactory performance against the stipulated quantity or value thresholds, and it did not permit relaxation on compassionate grounds or for medical difficulties. Because the appellant's performance was found unsatisfactory by reference to those norms, the revocation under Rule 21 was treated as justified and the challenge failed.

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Issues: Whether revocation of the CHA licence was justified on the ground of unsatisfactory performance in meeting the prescribed cargo-clearance norms, notwithstanding the appellant's medical difficulties.

Analysis: The licence had been revoked under Rule 21 of the Custom House Agents Licensing Regulations, 1984 because the appellant's performance was found unsatisfactory with reference to the quantity or value of cargo cleared, as required by Regulation 12(2) and the norms fixed by Public Notice No. 33/96 dated 05.07.1996. The governing regulations required satisfactory performance against the prescribed norms, and they did not provide for relaxation on compassionate or sufficient cause grounds. The medical problems relied upon by the appellant therefore did not furnish a basis to interfere with the revocation.

Conclusion: The revocation of the CHA licence was upheld and the appeal was rejected.

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