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Judgment
The Court: The Learned Single Judge has referred this matter formulating the point for disposal of the writ petition by the Division Bench. As such the Hon''ble Chief Justice has assigned this matter before this Bench for hearing.
It appears that this writ petition has impugned an order suspending the petitioner being the customs house clearing agent. The said order was issued under the provision of Regulation 20(2) of the Custom House Agent Licensing Regulations, 2004 on 10-8-2009 in contemplation of initiation of proceedings for revocation of license. Therefore, this kind of order by way of interim measure pending decision of the regulation proceedings is permissible under the regulation. According to us this order of suspension cannot continue for an indefinite period. Mr. Ramesh Chowdhury, Learned Counsel appearing for the petitioner submits that as yet no steps have been taken to initiate the proceedings for revocation of license. The Learned Counsel for the respondent, however, unable to throw any light as to the development of this matter.
Under such circumstances, we are of the view that when such a long time has elapsed and no action has been taken the following order will subserve the interest of justice:
In the event the Customs Authority initiates action for revocation of license as contemplated in the order dated 10-8-2009 within one month from date then such proceedings must be concluded within three months positively upon compliance of all the formalities and giving hearing as stipulated in the regulation. In the event, no action is taken within one month the order of suspension will stand revoked automatically and the petitioner shall be allowed to resume function as a clearing agent without any demur or disturbance. In the event, action is taken and the matter is not disposed of within the period of three months as above then the order of suspension will stand automatically revoked in that case upon expiry of four months from date.
In view of the aforesaid order this writ petition is accordingly disposed of.
We feel that the question formulated by the Hon''ble Single Judge is not required to be answered.
The allegations contained in the writ petition are not admitted by the respondents as no affidavit has been called upon to be filed.
All parties concerned are to act on a xerox signed copy of this order on the usual undertakings.