Taking a serious note, the Competition Appellate Tribunal has said that two Competition Commission members signing an order without being present for hearing amounts to "flagrant violation of the basics of natural justice".
The tribunal has made the observation while passing an order on an appeal filed by All India Organisation of Chemists and Druggists against a Competition Commission of India (CCI) ruling.
In its order on the appeal, the tribunal said the date on which the arguments were heard, February 27, 2014, the chairperson and two members, namely, Sudhir Mittal and Augustine Peter were not present.
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"Though it may appear repetitive, it deserves to be mentioned that two of the five members who signed the impugned order had joined the Commission after more than 1-1/2 months of the date of hearing.
"Therefore, the only possible inference which can be drawn is that they had mechanically signed the order and such an order cannot but be treated as vitiated due to flagrant violation of the basics of natural justice," Compat said.
The order, dated April 27, was passed by Compat Chairman G S Singhvi.
