Curable authorisation defect in appeal cannot justify rejection without opportunity to rectify and merits-based consideration.

A defect in proof of authorisation for filing an appeal is curable where the board resolution exists or is later produced. Rejection of the appeal without first giving the appellant an opportunity to rectify that defect was not justified, and the matter had to be decided on merits. The impugned order was set aside, the defect was treated as removed, and the case was remanded to the first appellate authority for fresh consideration in accordance with law and natural justice.

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Issues: Whether the appeal filed before the first appellate authority could be rejected for want of proof of authorisation, or whether the defect was curable and the matter had to be decided on merits.

Analysis: The Tribunal found that the authorisation defect, if any, was not fatal to maintainability, particularly where the resolution of the Board of Directors existed and was placed on record. It held that such a deficiency, being curable, ought to have been pointed out to the appellant with an to rectify it before the appeal was rejected. In the absence of such an effective opportunity, rejection of the appeal without examining the merits was not justified.

Conclusion: The defect stood removed, the appeal was maintainable, and the impugned order was set aside with a remand to the first appellate authority for fresh decision on merits.

Final Conclusion: The matter was restored to the first appellate authority for reconsideration in accordance with law and natural justice.

Ratio Decidendi: A defect in proof of authorisation for filing an appeal is curable, and rejection of the appeal without affording an opportunity to rectify the defect cannot be sustained where the authorising resolution exists or is subsequently produced.

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