Facts
The applicant, Pradeep Kumar, an employee at the NTRO campus in Bhuj, Gujarat, filed this Original Application (OA) in 2015 against the NTRO and eighteen other respondents
Source reference: p.1-3The matter underwent a protracted litigation process, reaching its 55th hearing on 19.01.2026
Source reference: p.4On 29.01.2026, the applicant’s counsel sought discharge from the matter on the grounds of being unable to contact the applicant; the Tribunal granted this request and directed that a fresh notice be issued to the applicant
Source reference: p.4Despite the issuance of a fresh notice on 05.02.2026, the applicant failed to appear or request a pass-over during the subsequent hearing on 19.03.2026
Source reference: p.4Issues
1. Whether the Original Application is liable for dismissal due to the applicant’s failure to appear and prosecute the matter
Source reference: p.4-5Law Applied
The Tribunal applied the procedural principles governing "dismissal in default" and "non-prosecution" as per the Central Administrative Tribunal (Procedure) Rules, 1987.
Source reference: p.4-5These rules empower the Tribunal to dismiss an application when the applicant fails to appear when the matter is called for a hearing, particularly after reasonable opportunities and notices have been provided
Source reference: p.4-5Reasoning
The Tribunal noted the extensive history of the case, highlighting that it had reached its 55th hearing
Source reference: p.4The Bench observed that despite the discharge of the applicant’s previous counsel and the specific issuance of a fresh notice to the applicant on 05.02.2026 to ensure due process, there was no representation on his behalf
Source reference: p.4The Tribunal reasoned that the repeated absence of the applicant and the lack of any communication or request for an adjournment led to a reasonable presumption that the applicant had lost interest in pursuing the litigation
Source reference: p.4Consequently, the Tribunal determined that it was unnecessary to keep the matter pending on the docket given the clear lack of prosecution
Source reference: p.4-5Holding
The Tribunal held that the applicant failed to prosecute the matter despite being served notice
Accordingly, the OA was dismissed in default and for non-prosecution
Source reference: p.5No order as to costs was granted
Source reference: p.5Original Court PDF
Pradeep KumarvsNational Technical Research Organisation (ntro)
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