Facts
Twenty-seven Tax Assistants serving in various offices of the CGST and Central Excise Department filed the Original Application before the Central Administrative Tribunal, Allahabad Bench, against the Union of India and departmental authorities.
Source reference: no citationDuring the hearing, counsel for the applicants submitted that the relief sought in the application had already been granted by the respondent department and that the applicants therefore wished to withdraw the proceedings.
Source reference: para. 2Counsel for the respondents did not oppose the withdrawal.
Source reference: para. 3Issues
Whether the applicants should be permitted to withdraw the Original Application after the relief sought had allegedly been granted by the respondent department.
Source reference: paras. 2–4Whether the interim order granted earlier and any pending miscellaneous applications should continue after dismissal of the Original Application as withdrawn.
Source reference: paras. 5–6Law Applied
The Tribunal applied the procedural principle that a proceeding may be dismissed as withdrawn when the applicants no longer seek adjudication, particularly where the relief claimed has already been granted and the opposite party raises no objection.
Source reference: paras. 2–4Consequentially, an interim order linked to the withdrawn proceeding stands discharged, and pending miscellaneous applications are disposed of with the main matter.
Source reference: paras. 5–6No specific statutory provision or judicial precedent was cited in the order.
Source reference: no citationReasoning
The applicants informed the Tribunal that the respondent department had granted the substantive relief sought in the Original Application.
Source reference: paras. 2–4Since the applicants no longer required adjudication and the respondents did not oppose withdrawal, the Tribunal accepted the submission and dismissed the application as withdrawn.
Source reference: paras. 2–4As the main proceeding no longer survived, the interim order previously granted was discharged and all pending miscellaneous applications were also disposed of.
Source reference: paras. 5–6Holding
The Original Application was dismissed as withdrawn because the applicants’ requested relief had been granted by the department.
The interim order granted earlier was discharged, pending miscellaneous applications, if any, were disposed of, and no order as to costs was made.
Source reference: paras. 5–6Original Court PDF
JALEESH AHMADvsM/O FINANCE
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