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2026 Supreme(Online)(CAT) 10798
CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI
R.N. Singh, Judicial Member, B. Anand, Administrative Member
Vishal Yadav – Appellant
Versus
Defence – Respondent
O.A. No. 2240/2026
For the Appellants/Petitioners: Niharika Yadav
For the Respondents: Sumit Ranjan
The applicant is permitted to withdraw the Original Application to first exhaust available administrative remedies before seeking judicial relief from the Tribunal.
Headnote:(A) Administrative Law - Exhaustion of Remedies - Withdrawal of application - Where a preliminary objection is raised regarding the failure to exhaust alternative administrative remedies, the applicant may be permitted to withdraw the petition with liberty to pursue such remedies. (Para 2)
Issues: Whether the applicant is entitled to withdraw the O.A. to first avail administrative remedies.
| Table of Content |
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| 1. request to withdraw the application to pursue alternative administrative remedies. (Para 1 , 2) |
| 2. dismissal of the application as withdrawn with liberty to seek administrative remedies. (Para 3 , 4 , 5) |
O R D E R (ORAL)
Hon’ble Mr. R.N. Singh, Member (J)
1. In the present O.A. filed under Section 19 of the Administrative Tribunals Act, 1985, the applicant has prayed for the following relief(s):-
“8.1 Set aside the order of removal dated 13/03/2026, and/or;
8.2 Reinstate the petitioner in service with the continuity of service and its benefits, and/or;
8.3 Grant back wages and all consequential benefits, and/or; Or/and Pass any other appropriate order or relief which this Hon’ble Tribunal may deem fit and proper in the interest of justice.”
2. Keeping in view the preliminary objection raised that without exhausting the alternative exhaustive remedy available to the applicant, the applicant has filed the present O.A., learned counsel for the applicant, under instructions from the applicant who is present in Court, seeks permission to withdraw the present O.A. with liberty to the applicant to first avail the administrative remedies available to him in accordance with law.
3. Permission is granted.
4. The O.A. stands dismissed as withdrawn with liberty as aforesaid.
5. There shall be no order as to costs.
