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Judgment
The present C.P. has been filed alleging wilful defiance of directions of this Tribunal contained in order dated 03.08.2026 (Annexure-CP-1) passed in the captioned O.A. This Tribunal passed the following order:-
“8.In view of the aforesaid submissions, and without expressing any opinion on the merits of the claim of the applicant, we deem it appropriate to direct the respondents to consider the pending representation of the applicant in a holistic manner, keeping in view the relevant rules, guidelines and factual position.
9.The respondents shall pass a reasoned and speaking order on the representation of the applicant after affording an opportunity of hearing to him, within a period of 30 days from the date of receipt of a copy of this order. A copy of the order so passed shall be furnished to the applicant.
10.It is made clear that, in the event the applicant is found suitable and eligible, the consequential benefits, if any, shall also be extended within a further period of forty-five (45) days thereafter.
11.The O.A. is disposed of in the aforesaid terms, without entering into the merits of the case, at the admission stage itself. Pending M.As., if any, shall also stand disposed of.
12.No order as to costs.”
Pursuant thereto, the respondents have passed a speaking order dated 02.09.2026/03.09.2026. Para 5 of the aforesaid speaking order reads as under:-
“5.Prior to the filing of the present O.A., this Office had already extended an ample, comprehensive opportunity of being heard to the candidate by serving a formal written Final Notice dated 07.04.2026. The candidate fully availed himself of this opportunity by submitting a detailed written response on 10.04.2026. After evaluating his submissions on merits against recruitment guidelines, the Competent Authority officially issued a final Cancellation of Candidature vide Memorandum dated 10.07.2026. His eligibility thus stood legally terminated before any judicial petition was preferred. Since a comprehensive written opportunity of being heard was already concluded, and since the applicant's status had legally shifted from a "provisional candidate" to a "cancelled candidate" prior to the litigation, calling him for an additional personal hearing post-judgment is redundant. Ample time and opportunity were already provided, fully satisfying the principles of natural justice before the original cancellation was enacted.”
After arguing for some time, learned counsel appearing for the applicant/petitioner seeks permission of this Tribunal to withdraw the present C.P. with liberty to challenge the aforesaid order dated 02.09.2026/03.09.2026 passed by the respondents in compliance of directions of this Tribunal passed in O.A. No. 2784/2026.
In view of the above position, the present C.P. is closed, however, if occasion arises, the petitioner/applicant shall be at liberty to approach appropriate legal forum by way of appropriate proceedings, in accordance with law, if so advised.