CAT - ['Delhi']
Civil Procedure and EvidenceAdministrative and Public Law

Tribunal permits withdrawal of the original application with liberty to refile with better particulars.

Santosh kumar vs DEPARTMENT OF PERSONNEL AND TRAINING

CAT - ['Delhi']JUDGMENT: September 16, 20261 MIN READSOURCE JUDGMENT
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
THE ORIGINAL LAWLENS SUMMARY
01

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. 4

At 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. 1

The respondents were represented, but the order does not record any opposition to the withdrawal request.

Source reference: p. 4
02

Issues

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. 1

Whether the pending miscellaneous application should be disposed of consequentially upon withdrawal of the original application.

Source reference: p. 4, para. 3
03

Law 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 citation

The Tribunal exercised its discretion to grant such permission and consequentially dispose of the pending miscellaneous application.

Source reference: no citation
04

Reasoning

The applicants expressly sought withdrawal of the O.A. with liberty to refile it in a more particularised form.

Source reference: p. 4, para. 1

The Tribunal accepted the request and granted the requested liberty without adjudicating the underlying merits of the applicants’ claims.

Source reference: p. 4, para. 2

Since the original application was being withdrawn, the pending miscellaneous application was disposed of as consequentially infructuous.

Source reference: p. 4, para. 3
05

Holding

The Tribunal permitted withdrawal of O.A. No. 3523/2026 and dismissed it as withdrawn, while granting the applicants liberty to file a fresh application with better particulars.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. 3–4
CAT - ['Delhi']

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Santosh kumarvsDEPARTMENT OF PERSONNEL AND TRAINING

CAT - ['Delhi'] · September 16, 2026

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