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10. As noticed above, the petitioners' licences were placed under suspension with immediate effect by order dated 25.04.2012, and continued by order dated 23.05.2012, after opportunity to the petitioners. These orders were put to challenge before the CESTAT, and the CESTAT, while examining its correctness, was pointed out that the orders of suspension were issued under Regulation 20(2) and 20(3) respectively on the ground that an enquiry is pending or contemplated against the Customs House Agent. After taking into consideration Regulation 22, which prescribes the procedure to be followed in such cases, the CESTAT pointed out that the Commissioner of Customs upon receipt of the reply to the notice issued under Regulation 22(1), would direct the Deputy Commissioner of Customs or Assistant Commissioner of Customs to enquire and despite a direction of this Court in its order dated 02.07.2012, to follow the procedure under Regulation 22(2), no notice was issued to the petitioner till the date of consideration of the appeals by the CESTAT. After referring to various decisions of the CESTAT in other similar matters, it was observed that for the purpose of enquiry under Regulation 22 of CHALR, issuing a show cause notice is a pre-requisite condition. By taking note of a decision of the Delhi High Court in the case of Falcon Air Cargo and Travels (P) Ltd., vs. UOI reported in 2002 (140) ELT 3 (Del), it was held that when no notice was issued even for two years, the order of suspension cannot be sustained. On a perusal of the impugned orders in these Writ Petitions, it is seen that there are six allegations made against the petitioners alleging violation of Regulation 11(a),(b),(d),(e) and 17(6), 16 of the CBLR, what is interesting to note is that these were the very same allegations based on which the order of suspension was passed on 25.04.2012. In terms of Regulation 22, the procedure for suspension or revocation of licence under Regulation 20 has been stipulated and the same reads as follows:-

(1) The Commissioner of Customs shall issue a notice in writing to the Customs House Agent stating the grounds on which it is proposed to suspend or revoke the licence and requiring the said Customs House Agent to submit, within such time as may be specified in the notice, not being less than forty-five days, to the Deputy Commissioner of Customs or Assistant Commissioner of Customs nominated by him, a written statement of defense and also to specify in the said statement whether the Customs House Agent desires to be heard in person by the said Deputy Commissioner of Customs or Assistant Commissioner of Customs.
(2) The Commissioner of Customs may, on receipt of the written statement from the Customs House Agent, or where no such statement has been received within the time-limit specified in the notice referred to in sub-regulation (1), direct the Deputy Commissioner of Customs or Assistant Commissioner of Customs to inquire into the grounds which are not admitted by the Customs House Agent.
(3) The Deputy Commissioner of Customs or Assistant Commissioner of Customs shall, in the course of inquiry, consider such documentary evidence and take such oral evidence as may be relevant or material to the inquiry in regard to the grounds forming the basis of the proceedings, and he may also put any question to any person tendering evidence for or against the Customs House Agent, for the purpose of ascertaining the correct position.
(6) The Commissioner of Customs shall furnish to the Customs House Agent a copy of the report of the Deputy Commissioner of Customs or Assistant Commissioner of Customs, and shall require the Customs House Agent to submit, within the specified period not being less than sixty days, any representation that he may wish to make against the findings of the Deputy Commissioner of Customs or Assistant Commissioner of Customs.
(7) The Commissioner of Customs shall, after considering the report of the inquiry and the representation thereon, if any, made by the Customs House Agent, pass such orders as he deems fit.