Error apparent test bars rectification where alleged omissions require reappraisal, not correction of a patent mistake.

Rectification of a final order denying GTA exemption for transport of agricultural produce was rejected because no error apparent on the face of the record was shown. The Tribunal applied the settled test that an apparent mistake must be patent, manifest and self-evident, and cannot require reappraisal of evidence or arguments. It held that the earlier order was a detailed speaking order based on written and oral submissions, that alleged omissions did not amount to a rectifiable mistake, and that rectification cannot operate as a disguised review. The application was therefore not maintainable.

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Issues: Whether the rectification application disclosed any error apparent on the face of the record in the final order denying exemption for transportation of agricultural produce by GTA service.

Analysis: The Tribunal noted that the earlier final order was a detailed speaking order rendered after considering the written and oral submissions. Applying the settled test that an apparent error must be patent, manifest and self-evident, and cannot require reappraisal of evidence or arguments, the Tribunal held that the alleged omissions did not constitute a rectifiable mistake. It further observed that rectification cannot be used as a disguised review and that every argument need not be separately discussed if the cumulative effect has been dealt with in the order.

Conclusion: No error apparent on the face of the record was shown, and the rectification application was not maintainable.

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