Facts
The applicant, Smt. Smruthy Giri, an Office Superintendent in the Income Tax Department, instituted the Original Application against the Union of India, CBDT, the Additional Director of Income Tax (CMD-1, HRD), and the Principal Chief Commissioner of Income Tax, Kerala.
Source reference: no citationThe annexures indicate that the dispute concerned the applicant’s departmental examination results and related service matters.
Source reference: no citationDuring the pendency of the OA, an order dated 11 May 2026 restored the departmental examination result.
Source reference: para. 1In view of that order, counsel for the applicant submitted that the OA was being withdrawn.
Source reference: para. 1Issues
Whether, in view of the order dated 11 May 2026 restoring the applicant’s departmental examination result, the applicant could withdraw the pending Original Application
Source reference: para. 1Whether the Original Application should consequently be dismissed as withdrawn and, if so, whether any order as to costs was warranted
Source reference: para. 2Law Applied
The Tribunal applied the procedural principle that an applicant may withdraw a pending Original Application when the relief sought has been addressed or the applicant no longer wishes to pursue the proceedings.
Source reference: paras. 1–2Upon recording the withdrawal, the Tribunal may dismiss the application as withdrawn.
Source reference: paras. 1–2No substantive statutory provision, precedent, or service-law principle was considered or applied because the merits of the underlying dispute were not adjudicated.
Source reference: paras. 1–2Reasoning
The Tribunal noted that the departmental examination result had been restored by the order dated 11 May 2026, thereby resolving the immediate grievance or otherwise obviating the need for further adjudication.
Source reference: para. 1On the basis of the applicant’s counsel’s express submission that the OA was withdrawn, the Tribunal recorded the submission and treated the proceedings as no longer requiring determination on merits.
Source reference: para. 1It accordingly disposed of the case procedurally by dismissing it as withdrawn, without examining the legality of the departmental actions challenged in the OA.
Source reference: para. 2Holding
The Original Application was dismissed as withdrawn after the Tribunal recorded the applicant’s submission based on the restoration of the departmental examination result.
The Tribunal made no finding on the merits of the service dispute and ordered that there would be no order as to costs.
Source reference: para. 2Original Court PDF
SMRUTHY GIRIvsM/O FINANCE, D/O REVENUE
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