Original applications dismissed for non-prosecution after applicants failed to instruct their counsel.

The applicants—Vivek in O.A. No. 4417/2017, Kumar Rishi in O.A. No. 79/2018, and Tanmay Biswas in O.A. No. 224/2018—were candidates in the SSC CHSL-2016 or CGL-2016 examinations and had instituted proceedings against the Union of India, the Staff Selection Commission, and the concerned recruiting or appointing authorities.

During the proceedings, counsel for the applicants stated that repeated communications had been sent seeking instructions on whether the applicants wished to pursue the matters further, but no response had been received.

Counsel therefore sought permission to withdraw from/discharge herself from the matters, which the Tribunal allowed.

1. Whether, in the absence of instructions from the applicants despite repeated communications, the applications should be treated as not being pursued and dismissed for non-prosecution.

2. Whether the applicants’ counsel should be permitted to discharge herself from the proceedings in those circumstances.

The Tribunal applied the procedural principle that an original application may be dismissed for non-prosecution where the applicant fails to pursue the matter or provide necessary instructions to counsel, indicating lack of interest in continuing the proceedings.

It also applied the procedural discretion to permit counsel to discharge herself where the client has failed to communicate or provide instructions. No specific statutory provision or judicial precedent was cited in the order.

The Tribunal accepted counsel’s submission that repeated attempts had been made to obtain instructions from the applicants, but that the applicants had not responded.

In the absence of any contrary indication or instructions to prosecute the applications, the Tribunal inferred that the applicants were no longer interested in pursuing the matters. On that basis, it permitted counsel to withdraw and treated the applications as liable to dismissal for non-prosecution.

All pending miscellaneous applications, if any, were also ordered to stand disposed of. There was no order as to costs.