CAT - Delhi

Application dismissed in default for non-prosecution upon non-appearance of applicants following discharge of counsel.

ARVIND KUMAR GARG vs National Technical Research Organisation (ntro)

CAT - DelhiJUDGMENT: March 10, 20262 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The applicants, serving as Scientist 'C' in the NTRO, filed an Original Application (OA) in 2015.

Source reference: p.3

During the proceedings on February 4, 2026, the Tribunal permitted the applicants’ counsel to be discharged from the matter

Source reference: p.3

Following this, the Registry issued fresh notices to the applicants on February 10, 2026, instructing them to appear either in person or through new counsel on the next date of hearing

Source reference: p.3

On March 10, 2026, when the matter was called for hearing, there was no representation on behalf of the applicants even after a revised call

Source reference: p.3
02

Issues

Whether the Original Application is liable for dismissal on account of non-prosecution and the applicants' failure to appear despite service of notice.

Source reference: p.3, para. 2-3
03

Law Applied

The Tribunal applied the procedural principle of dismissal for "non-prosecution" and "dismissal in default."

Source reference: p.3, para. 3

Under the Central Administrative Tribunal (Procedure) Rules, 1987 (specifically Rule 15), if an applicant fails to appear when the application is called for hearing, the Tribunal may, in its discretion, dismiss the application for default rather than deciding it on merits

Source reference: p.3, para. 3
04

Reasoning

The Tribunal observed that procedural requirements for ensuring a fair hearing were met by issuing fresh notices to the applicants after their counsel’s discharge

Source reference: p.3

The Registry had dispatched these notices on February 10, 2026, providing sufficient time for the applicants to arrange alternative representation or appear in person

Source reference: p.3

The Tribunal noted that the absence of the applicants during the initial call and the subsequent "revised call" indicated a lack of interest in pursuing the litigation

Source reference: p.3, para. 2

Since the applicants failed to avail themselves of the opportunity to prosecute the case, the Tribunal found no grounds to keep the matter pending

Source reference: p.3
05

Holding

The Tribunal held that the applicants had lost interest in the matter.

Consequently, the Original Application was dismissed in default and for non-prosecution

Source reference: p.3, para. 3

All pending Miscellaneous Applications were ordered to stand disposed of, with no order as to costs

Source reference: p.3-4
CAT - Delhi

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ARVIND KUMAR GARGvsNational Technical Research Organisation (ntro)

CAT - Delhi · March 10, 2026

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