Legal principle

An administrative order—such as refusal to renew an authorized courier's registration—that visits a party with civil consequences must be passed in conformity with the rules of natural justice, including an opportunity of hearing, unless the governing statute excludes natural justice by express language.

Court decision

The writ petition was allowed in favour of Aramex India: the impugned orders dated 19 August 2019 and 30 September 2019 were quashed and set aside, the renewal application was revived, and Respondent No.2 was directed to give the petitioner a date within two weeks for a hearing, with the Commissioner to decide under Regulation 10 of the 2010 Regulations within three weeks (the view in the affidavit-in-reply to be treated as the respondents' prima facie opinion). The Court clarified its observations were confined to extending principles of natural justice and not on merits, and it left the maintainability of the appeal open.

Facts

Aramex India Pvt Ltd, engaged in international carriage of time-sensitive documents and parcels, was registered as an authorized courier under the Courier Imports and Exports (Clearance) Regulations 1998 with renewals since 1996 (the 23 June 2017 renewal being for two years). It applied on 8 April 2019 for renewal before expiry, and furnished called-for documents on 4 and 18 June 2019. The Commissioner of Customs, Airport Special Cargo refused renewal by orders dated 19 August 2019 and 30 September 2019 without giving any opportunity of hearing. Its appeal was dismissed by the Appellate Tribunal as not maintainable on 27 January 2022, after a difference of opinion on maintainability was resolved by a third member, prompting this writ petition.

Key provisions

• Section 157, Customs Act, 1962 — General power to make regulations