Rectification applications must be heard, so far as practicable, by a Bench of the same strength as the original final-order Bench.

A rectification application that may alter a final order should, so far as practicable, be heard by the same Members who decided the appeal. Rule 31A permits the President to direct another Bench only where subsequent events make the original composition unavailable; that power does not authorise constitution of a smaller Bench than the one that rendered the final order. Principles of judicial propriety, fairness and discipline require the rectification matter to be heard by a Bench of comparable strength. The contrary constitution of a two-Member Bench was held unsustainable, and the impugned orders were set aside.

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Issues: Whether an application for rectification of mistake had to be heard by a Bench consisting of the same number of Members as the original three-Member Bench that decided the appeal, and whether the President could constitute a two-Member Bench for that purpose.

Analysis: Rule 31A of the CEGAT (Procedure) Rules, 1982 contemplates that a rectification application should ordinarily be heard by the Members who heard the appeal, though the President may direct otherwise where subsequent events make that impossible. That enabling power does not authorise the President to constitute a Bench with fewer Members than the Bench that rendered the final order. A rectification order affects the final order and principles of judicial propriety, fairness and discipline require that, so far as practicable, the same strength of Bench should hear the rectification matter.

Conclusion: The rectification applications could not be validly heard by a smaller Bench than the original three-Member Bench, and the contrary view was unsustainable.

Final Conclusion: The challenge to the constitution of the Tribunal Bench succeeded, and the appeals were allowed by setting aside the impugned orders.

Ratio Decidendi: A rectification application that may alter or modify a final order should, so far as practicable, be heard by a Bench of the same strength as the Bench that rendered the original final order, and the President's power to direct otherwise does not extend to reducing the Bench strength below that original composition.

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