Original Application dismissed for default due to applicant’s failure to appear and prosecute the matter.

The applicant, a Senior Scientific Assistant (Photo) at the Central Forensic Science Laboratory (CFSL), CBI, filed an Original Application (OA) challenging the seniority list of Senior Scientific Assistants issued on April 26, 2019

He sought a direction for the respondents to prepare a fresh seniority list in accordance with the 1986 recruitment rules and to consider his name for promotion to Senior Scientific Officer Grade-II

During the proceedings, the applicant’s appearance was noted as erratic

Following the death of the applicant’s counsel, the Tribunal directed that fresh notice be issued to the applicant

Despite a notice being issued on March 9, 2026, which was subsequently returned, the applicant failed to appear or arrange representation for the hearing

1. Whether the Original Application is liable for dismissal due to the applicant's failure to prosecute the matter

The Tribunal applied the procedural principle of dismissal for default (non-prosecution).

This principle allows a court or tribunal to terminate proceedings when the initiating party fails to appear or demonstrate a continued interest in pursuing the litigation, thereby preventing the abuse of the judicial process and ensuring the efficient management of the court's docket

The Tribunal examined the procedural history and the applicant's conduct during the litigation.

It noted that the applicant's appearances had been consistently irregular

Upon the demise of the applicant's counsel of record, the Tribunal took steps to ensure the applicant was notified of the proceedings, directing both the Registry and the respondents' counsel to issue notices

Evidence was presented that a notice dated March 9, 2026, was dispatched but returned

On the final hearing date of March 23, 2026, no representation was made on behalf of the applicant.

The Tribunal inferred from this repeated absence and the failure to respond to notices that the applicant was no longer interested in prosecuting the case

Consequently, the Original Application was dismissed for default

The Tribunal ordered no costs