ONE WHO HEARS SHOULD DECIDE: COMPETITION APPELLATE TRIBUNAL�S ADMONISHMENT TO COMPETITION COMMISSION OF INDIA

Syed Mohammad Yawar

Volume : IV, Issue : VII, July - 2015

ONE WHO HEARS SHOULD DECIDE: COMPETITION APPELLATE TRIBUNAL�S ADMONISHMENT TO COMPETITION COMMISSION OF INDIA

Syed Mohammad Yawar

Abstract :

There is a Rule of Natural law that one who hears should decide. This rule should apply to all adjudicating bodies. A judge who heard the case should decide the case. If a case is heard by another judge and decided by another judge then it is nothing but the gross violation of the principles of natural justice. The recent decision of the Competition Appellate Tribunal elaborates the same principle in which it held that Members of the Competition Commission of India who were not present at the time of the he� of the case cannot join the other members in the final decision of the case. This paper tries to explore the ratio relied on by the Appellate Tribunal while upholding this contention.