Judgment:
1. On hearing both sides it appeared that on a short point of law the main appeal itself could be disposed of. This was done.
2. The appellants are a CHA. Their licence was revoked by the Commissioner of Customs (G), Mumbai. The operative portion of his order reads as under: "Now, therefore, I, G.K. Pillai, Commissioner of Customs (GEN), Mumbai, in exercise of the powers conferred under Sub-regulation (1) of Regulation 21 of the CHA Licensing Regulations, 1984 do hereby revoke the CHA Licence No. 11/427 held by M/s. Crown Shipping Agency, with immediate effect and also forfeit the sum of Rs. 25,000/-, which sum has been deposited towards the Security with the department." "Suspension or revocation of licence. - (1) The Commissioner may, subject to the provisions of Regulation 23, suspend or revoke the licence of a Custom House Agent so far as the jurisdiction of the Commissioner is concerned and also order for forfeiture of security on any of the following grounds :- (a) failure of the Custom House Agent to comply with any of the conditions of the bond executed by him under Regulation 11; (b) failure of the Custom House Agent to comply with any of the provisions of these regulations, whether within the jurisdiction of the said Commissioner or anywhere else; (c) any misconduct on his part whether within the jurisdiction of the said Commissioner or anywhere else which in the opinion of the Commissioner renders him unfit to transact any business in the Customs Station.
(2) Notwithstanding anything contained in Sub-regulation (1), the Commissioner may, in appropriate cases, where immediate action is necessary, suspend the licence of a Custom House Agent where an enquiry against such agent is pending or contemplated." 4. Regulation 23 provides the procedure for suspending or revoking a CHA licence. This involves issue of a notice with the grounds. The CHA would file his reply. An enquiry officer would be nominated. That officer would complete his enquiry and prepare his report. A copy of the report would be given to the CHA. The Commissioner would thereafter consider the report and submissions of the CHA and then proceed to decide on the suspension or revocation of the licence. A short-cut is provided by Regulation 21(2) where in extraordinary circumstance the licence could be suspended pending an enquiry referred to in Regulation 23. But this extraordinary power enables the Commissioner to suspend the licence but not to revoke it Revocation under Sub-regulation (1) of Regulation 21 has necessarily to follow the route prescribed in Regulation 23. The regulations do not permit any quicker revocation of the licence.
5. We find that the impugned order does not sustain and is set aside.
Orders of consequential relief are made.