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Issues:
1. Whether it is mandatory to issue a show cause notice to Custom House Agent before suspension of license under Regulation 21(2) of Custom House Agents Licensing Regulations, 1984? 2. Implementation of the order directing restoration of the license of the petitioner. Analysis: 1. The Revenue filed an application for reference to the Hon'ble Bombay High Court regarding the necessity of issuing a show cause notice before suspending a Custom House Agent's license under Regulation 21(2) of the Custom House Agents Licensing Regulations, 1984. The Revenue argued that strict compliance with natural justice principles is not required for immediate action in public interest under Regulation 21(2). They referred to a judgment by the Bombay Bench supporting the Department's investigation time before suspending a license. On the other hand, the respondent's counsel contended that no point of law arises as the regulation allows suspension if immediate action in public interest is necessary without specifying the need for a show cause notice. The Tribunal found that the question regarding the necessity of a show cause notice did not arise from their order, thus rejecting the reference application. 2. Additionally, the respondent's counsel filed a Misc. application seeking directions to restore the petitioner's license following the Tribunal's order dated 23-8-1999. Despite the Tribunal setting aside the suspension under Regulation 21(2), the order was not immediately implemented by the Commissioner. The Tribunal agreed with the respondent's counsel that the order should have been executed promptly. Consequently, the Tribunal directed the Commissioner to immediately implement the order and report compliance, disposing of both the Reference Application and the Misc. Application accordingly.
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