Dismissal of Original Application for Default and Non-Prosecution Due to Persistent Absence of Applicant’s Counsel

The Original Application (OA) was filed by Amit Sharma and 33 other applicants, all serving as Loco Pilots (Goods) in Group-C under the Divisional Railway Manager, Northern Railway, Moradabad.

The applicants sought relief against the Secretary of the Railway Board, the General Manager of Northern Railway, and several private respondents.

The procedural history indicated that the matter had been adjourned on various previous occasions, and the applicants' counsel had consistently sought adjournments rather than proceeding with effective hearings.

1. Whether the Original Application (OA) is liable to be dismissed due to the continuous absence of the applicants and their failure to prosecute the case.

The Court applied the principle of "Dismissal in Default and for Non-Prosecution."

This principle empowers an adjudicating body to dismiss a case when the petitioner or applicant fails to appear or show interest in pursuing the litigation, ensuring that the judicial process is not stalled by inactive parties.

The Tribunal observed from the earlier order sheets that the case had been repeatedly adjourned on various pretexts.

The Bench noted that even when the matter was listed for effective hearing, the applicants' proxy counsel merely sought further adjournments. On the day of the final hearing, no representative appeared for the applicants.

The Court reasoned that this consistent behavior indicated that the applicants were no longer interested in pursuing the relief sought in the OA.

The pending Miscellaneous Application (MA) was also disposed of accordingly. The Court ordered that there shall be no orders as to costs.