Facts
Twenty-four applicants instituted the original application before the Central Administrative Tribunal, Principal Bench, against the Union of India and the Joint Secretary, Department of Personnel & Training.
Source reference: p. 4At the hearing, counsel for the applicants sought permission to withdraw the O.A. with liberty to file a fresh application containing better particulars.
Source reference: p. 4, para. 1The respondents were represented, but the order does not record any opposition to the withdrawal request.
Source reference: p. 4Issues
Whether the applicants should be permitted to withdraw the original application with liberty to file a fresh application with better particulars.
Source reference: p. 4, para. 1Whether the pending miscellaneous application should be disposed of consequentially upon withdrawal of the original application.
Source reference: p. 4, para. 3Law Applied
The Tribunal applied the procedural principle that a litigant may, subject to the Tribunal’s permission, withdraw a proceeding and seek liberty to institute a fresh proceeding where the matter requires presentation with better particulars.
Source reference: no citationThe Tribunal exercised its discretion to grant such permission and consequentially dispose of the pending miscellaneous application.
Source reference: no citationReasoning
The applicants expressly sought withdrawal of the O.A. with liberty to refile it in a more particularised form.
Source reference: p. 4, para. 1The Tribunal accepted the request and granted the requested liberty without adjudicating the underlying merits of the applicants’ claims.
Source reference: p. 4, para. 2Since the original application was being withdrawn, the pending miscellaneous application was disposed of as consequentially infructuous.
Source reference: p. 4, para. 3Holding
The Tribunal permitted withdrawal of O.A. No. 3523/2026 and dismissed it as withdrawn, while granting the applicants liberty to file a fresh application with better particulars.
M.A. No. 4492/2026 was disposed of accordingly, and there was no order as to costs.
Source reference: p. 4, paras. 3–4Original Court PDF
Santosh kumarvsDEPARTMENT OF PERSONNEL AND TRAINING
Click to open original judgment
Original judgment, available to read, download and summarize on LawLens.in
![Tribunal permits withdrawal of the original application with liberty to refile with better particulars.. Santosh kumar vs DEPARTMENT OF PERSONNEL AND TRAINING. CAT - ['Delhi']. LawLens](/stories/thumbnails/tribunal-permits-withdrawal-of-the-original-application-with-liberty-to-refile-with-better-af8bf73534c842d8aa7fb4512ab8baad.webp)