KARNATAKA ADMINISTRATIVE TRIBUNAL ACT

SECTION-22:   PROCEDURE & POWERS OF THE TRIBUNAL : (1)A- Tribunal shall not be bound by the procedure laid down in the code of civil procedure 1908. But, shall be guided by the principles of natural justice and subject to the other provisions of this Act and of any rules made by the Central Government, the Tribunal shall have the power to regulate its own procedure including the fixing of places and times of its enquiry and deciding whether to sit in public or in private.

               As per this section, the Tribunal shall be guided by the Principles of Natural Justice. Hence the non issue of notice to the petitioner in the said Application before the Tribunal is contrary and violative of the principles of natural justice in as much as no notice was issued to the petitioner before allowing the application itself, on the very same day of its filing.

              Further, with regard to interim orders, Section 24 of the K.A.T. Act needs to be noticed. Section 24 reads as follows.

 “SECTION 24: CONDITIONS AS TO MAKING OF INTERIM ORDERS – Notwithstanding anything contained in any other provisions of this Act or in any other law for the time being in force, no interim order (whether by way of an injunction or stay or in any other manner), shall be made on or in any proceedings relating to an Application unless:

a)       Copies of such Application and all documents in support of the plea for such interim order are furnished to the party against whom such application is made or proposed to be made; and

b)      Opportunity is given to such party to be heard in the matter.

              PROVIDED that the Tribunal may dispense with the requirement of the above clauses (a) & (b) and make an interim order as an exceptional measure, if it is satisfied, for reasons to be recorded in writing that it is necessary so to do for preventing any laws being caused to the Applicant, which cannot be adequately compensated in money, but such interim order shall, if it is not sooner vacated, in case to have effect on the expiry of a period of fourteen days from the date on which it is made, unless the said requirements have been complied with before the expiry of that period and the Tribunal has continued the operation of the interim order

            As per the proviso to Section-24, an exparte interim order granted by the Tribunal, will cease to operate on the expiry of fourteen days from the date on which it is made.