The integrity of tribunal proceedings requires that orders be rendered in strict accordance with established procedures to uphold the appearance of justice.

1. This original petition (KAT) is filed by the applicant before the Tribunal who had earlier filed WP(C)No.6849 of 2011 before this Court, which was later transferred to the Kerala Administrative Tribunal (KAT) after it was established and the case was re - numbered as TA No.5814 of 2012. The said application essentially prayed for a direction to the first respondent to grant promotion to the post of Assistant Professors in the various departments of the Ayurveda Medical Education. The eligibility of the third respondent to be granted promotion as well as the applicability of the Central Regulations were also issues involved in the application.

2. The application was amended to challenge Annexure A11 order dated 8.8.2016 which was issued pending the matter before the Tribunal. Petitioner states that the term of office of the three judicial members appointed in the KAT came to an end on 19.07.2021, however, on the basis of the common order of this Court it was extended upto 27.01.2022 in WP(C)Nos. 10706 of 2021 and 12707 of 2021, as the interim order directed the term of office of the judicial members were directed to be continued till the appointment of Chairman or till the replacement of them by new members, whichever is earlier. The said order was extended until further orders on 27.01.2022. Later, two new judicial members were appointed as per order dated 21.9.2022. In the meantime, the above transferred application was finally heard on 22.8.2020 and was reserved for orders. The judicial members had stopped sitting and hearing cases from 23.9.2022 onwards possibly on account of the appointment of the two new judicial members. On 26.9.2022, this Court vacated the common interim order that permitted the judicial members to continue to function.

3. On 27.9.2022, the above transferred application was posted for further hearing at 1.45 p.m.. But, the administrative member pronounced the impugned order, which was ordered for and on behalf of the judicial member as well, on the same day. The petitioner alleges that on 27.9.2022 the above transferred application was posted for final hearing at 1.45 p.m. but the administrative member pronounced the order impugned in this petition at 10.30 a.m. itself., which was authored on behalf of the judicial member as well on 27.9.2022. It is therefore the contention of the petitioner that no order could have been passed by the judicial member after 26.9.2022 when the order which allowed their continuance was vacated. In such circumstances, the petitioner contended that the judicial member could not have signed the said order on 27.9.2022 and therefore the order is a nullity and liable to be set aside.

4. In view of the peculiar contention raised by the petitioner, we had by order dated 24.11.2022 called for a report from the Registrar of the KAT on the illegality made in the original petition. Accordingly, a report was filed on 2.12.2022 stating that the order passed by this Court vacating the interim order mentioned above was informed to the Tribunal by their standing counsel only on 27.09.2022 and that on receipt of the order of the High Court the former judicial members had demitted office on the afternoon of 27.09.2022. It is further stated that the judgment in the transferred application was ready and signed by both the judicial members and the administrative member and it was in accordance with R.106 of Kerala Administrative Tribunal Rules of Practice, 2011, that the administrative member during the sitting conducted in the forenoon session on 27.09.2022, pronounced the order for and on behalf of the Bench as R.106 mentioned above enables any one of the members to pronounce the order on behalf of the Bench.