V.P.M.G.R.Shantha Kumara v. Chairman, Public Service Commission, et al. – CA WRIT NO: 350/2012-2015

In the case between V.P.M.G.R. Shantha Kumara (Petitioner) and the Chairman and Members of the Public Service Commission (Respondents), the court addressed the validity of an order delivered by the Administrative Appeals Tribunal when only two of its required three members participated in the pronouncement, contrary to Section 2 of the Administrative Appeals Tribunal Act No.4 of 2002. The pronouncement of the order by an improperly constituted Tribunal was recognized by both parties as a procedural defect. The court held that such an order was invalid and set aside the Tribunal’s order, remitting the matter for a proper rehearing before a duly constituted Tribunal. The principle reaffirmed is that statutory bodies must act within the procedural requirements established by legislation, and