Our constitution grants us various types of rights such as the right to education, the right to freedom, etc. Writs are issued to safeguard our fundamental as well as other legal rights.
Writs are orders or directions or commands that are issued by the High Court and Supreme Court as a constitutional remedy to enforce these rights.
The Supreme Court has been conferred with powers under Article 32 of the constitution to issue various writs. The High Court can issue writs under Article 226 of the constitution.
The high court has been conferred wider powers than the supreme court under article 226 to issue writs.
The supreme court issues writs only in those matters which violate fundamental rights whereas the high court issues writs in matters which violate other rights as well as fundamental rights.
There are 5 types of Writ Petitions in India:-
1)Writ of Habeas Corpus
This is a powerful and most often used writ. It is a Latin word that means to produce the body. This writ can be used against illegal detention or wrongful detention.
It might happen that a police officer or government official can detain a person due to their personal vendetta against him.
In many countries, citizens were incarcerated for months and years without even actually being charged for an offense. In order to safeguard the rights of citizens and prevent such power abuse by the authorities, the writ of Habeas Corpus was included in the Constitution.
Whenever such writ is issued,the SC or HC interrogates the detaining authority and if the basis of the detention is found to be unconstitutional or unjustifiable then the detention comes to end and the person is to be released immediately.
A writ of Habeas Corpus can be filed by the person who is incarcerated through his wife,her husband, family members, or friends or even next friend.
Significantly in view of Article 359 of the Constitution the writ of Habeas Corpus can be filed during a state of emergency to enforce fundamental right under Article 20 and 21.
2) Writ of Certiorari-
The meaning of this writ is to be fully informed. This Writ is of corrective nature and is used as a remedy to correct errors that are apparent on the records.
This writ is issued after a judgment or order is announced as it is used to quash an order made by an inferior court or an authority inclusive administrative authority.
Conditions when the writ of certiorari can be issued:-
1)When an inferior court or authority acts beyond its jurisdiction and abuses the jurisdiction provided to it or when there is an absence of jurisdiction of the inferior court.
2)This Writ can also be issued when there is a fundamental error in the procedure followed by the inferior court or if there is a violation of the principles of natural justice.
3)This Writ can be issued when the error is based on a clear disregard to the provisions of law.
When all these conditions are fulfilled, only then a Writ of Certiorari can be issued. The Writ of Certiorari lies against judicial or quasi-judicial bodies.
3)Writ of Mandamus-
It means to Command. The writ of mandamus can be issued in favor of a person who establishes a legal right for himself. It can be issued against a person or aurhority who has a legal duty to perform but has failed to do so.
The writ of mandamus can be issued against the subordinate. Courts, Tribunal, Aboard, Administrative Authority, Corporation or a person requiring the performance of a specific duty fixed by law or associated with the office occupied by the person.
The writ cannot be filed to remove personal vendetta against others; it should be done in Good faith and should be justifiable.
Conditions when the writ of mandamus can be issued are-
1)There should be a legal right and duty. The duty should not be discretionary or optional
2)There should be a demand for such legal rights and they should be refused by the authorities or no action on such demand for a reasonable period.
3)Where no other alternative remedies are available then the mandamus comes into force
In the case of Punjab Engineering College v.Sanjay Gulatie the court ordered the college to admit students. The students were not admitted despite fulfilling the necessary conditions.
The Supreme court or high court by this writ can compel an authority to perform their duties and exercise certain powers.
4)It may prevent authorities from doing certain Acts
This writ is neither curative nor a preventive remedy; it’s a positive remedy. It is necessary to file a writ of mandamus within the reasonable time period without delay or laches.
Also Read
4)Writ of Prohibition –
The Writ of prohibition means to forbid or to stop.It is popularly known as stay order.It is used as a preventive remedy.
This Writ is used seldom and is a extraordinary remedy which superior court issues.Whenever a lower court tries to act beyond its power this writ of Prohibition is issued by a superior court to the lower tribunal or inferior court forbidding it to perform or act outside its jurisdiction.
It is issued before the lower court announces its final judgement.If the court or tribunals which does not have jurisdiction to decide the case, it will be an invalid judgement because for an act to be legal it should be sanctioned by law.
Eg if the District Court hears appeal against the judgement of the Supreme Court, such an act is bound its Jurisdiction to be prohibited because the District Court does not have the power sanctioned by law to hear such an appeal.In such a case a Writ of Prohibition will be issued.
Conditions when a Writ of Prohibition can be issued-
1)The inferior court exceeds its jurisdiction
2)The court or tribunal acts against the provisions of law
3)When the court is partly acting within its jurisdiction and partly outside,the writ will be issued for acts that are partly outside their jurisdiction.
This Writ can be issued only when the proceedings are pending in the inferior court and not when an order has already been passed by that court.
Thus, this Writ is a preemptive remedy which is exercised by the superior court to prevent the inferior court from acting outside its jurisdiction.
The Writ of Prohibition can be issued only against a judicial or a quasi-judicial body and it cannot be issued against any administrative body.
5)Writ of Quo Warranto –
The Writ of Quo Warranto is issued by the courts against a private individual when he assumes a public office on which he has no right.
Quo Warranto literally means ‘by what authority’ and it is an effective measure to prevent people from taking over public offices.
The power conferred on courts to issue Writ of Quo Warranto is discretionary therefore courts are not bound or obligated to issue this writ everytime.
Conditions when Quo Warranto can be issued-
1)If a public office is wrongfully taken over by a private person.The person against whom the Writ is to be issued should have actual possession of the office and should be using such office.
2)The office taken over was created by the Constitution or some other statute
3)Duties arising from these offices are public.
4)The term of the office should be permanent in nature and non-terminable at any persons or authorities pleasure.
5)This Writ can also be issued in those cases where a person was entitled to hold the office earlier but after getting disqualified he is still in possession of the office.
6) This Writ cannot be issued by the Court if the office is of private nature.The Writ of Quo Warranto cannot be issued against a person who is not holding a public office.
Drafts of All Type of Writ Petition
NOTE: These Drafts are just an example of mandatory requirement and should not be treated as straight jacket formula. Different High Courts have different format and requirements.
HABEAS CORPUS WRIT PETITION
This is the only body of the Writ Petition. Please include other details also:
IN THE HIGH COURT OF DELHI AT NEW DELHI
CRIMINAL ORIGINAL JURISDICTION
WRIT PETITION (CRIMINAL) NO. OF 2020
(UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA)
IN THE MATTER OF:
______ S/O ___________
AGED ABOUT ____ YEARS
RESIDENT OF __________
THROUGH ____ S/O ___, AGED
_____
YEAR AS NEXT FRIEND PETITIONER
VERSUS
1. STATE GOVERNMENT
HOME DEPARTMENT
DELHI RESPONDENT NO. 1
2. DISTRICT MAGISTRATE
TEES HAZARI COURT
NEW DELHI RESPONDENT NO. 2
3. SUPERINTENDENT
TIHAR JAIL
NEW DELHI RESPONDENT NO. 3
WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING INTER ALIA FOR ISSUING WRIT OF HABEAS CORPUS TO RESPONDENT NO. 1, 2 AND 3 THEREBY QUASHING THE IMPUGNED ORDER AND DIRECTING THE RELEASE OF THE PETITIONER AND GRANTING REASONABLE COMPENSATION TO THE PETITIONER
To,
The Hon’ble Chief Justice of High Court,
And His Companion Judges of the
Hon’ble High Court of Delhi.
The humble petition of the
Petitioner above named.
1. That the Petitioner is filing the present writ petition under article 226 of the constitution of India praying inter alia for issuing writ of habeas corpus to respondent no. 1, 2 and 3 thereby quashing the impugned order and directing the release of the petitioner and granting reasonable compensation to the petitioner.
2. That the petitioner resides in _________ and has been a law abiding citizen of India.
3. That on ___day of____, the Petitioner was arrested and detained for a period of 2 months in the Tihar Jail, New Delhi, wherein the Respondent No. 3 is the Superintendent, with an order passed by the Respondent No.1 dated ___under the National Security Act, 1980. A copy of the order by the Respondent No. 1 has been annexed herewith as Annexure 1.
4. That, on the date of getting detained and arrested in the Tihar Jail. The Petitioner was not informed about the grounds of his detention by Respondent No. 3.
5. That after Ten days of getting arrested and detained, the Petitioner was informed of his ground of arrest and detention.
6. The report of the ground of detention was furnished to the Petitioner in English, which is not understood by the Petitioner.
7. The Petitioner’s father is interested in the release of the Petitioner from the detention.
8. That the Petitioners have no other efficacious remedy except to approach this Hon’ble Court by way of this Petition under Article 226 of the Constitution of India.
9. That the Petitioners have not filed any other petition or preceding in any court or tribunal throughout the territory of India regarding the matter.
10. Therefore, the order by Respondent No. 1 dated______, is illegal, arbitrary and with lack of jurisdiction because of the following grounds given below:-
GROUNDS
That the present Writ Petition is being filed on the following, amongst other, grounds without prejudice to each other;
a. Because the grounds of detention were furnished to the Petitioner after prolonged delay.
b. Because the Petitioner’s detention is violative of Article 21 of the Indian Constitution.
c. Because the grounds of detention of the Petitioner was given in English, which is not comprehensible for the Petitioner.
d. Because he grounds of detention is very arbitrary and vague.
PRAYERS
In view of the facts & circumstances stated above, it is most respectfully prayed that this Hon’ble Court may be pleased to:-
a) Issue a Writ of Habeas Corpus to the Respondent 1 to 3 thereby quashing the impugned order;
b) Issue an appropriate Writ Directing release of the Petitioner;
c) Issue appropriate Writ granting reasonable compensation to the Petitioner;
d) Any other relief, order or direction this court may deem fit and proper under the facts and circumstances of this case.
AND FOR THIS ACT OF KINDNESS THE APPLICANT AS IN DUTY BOUND SHALL EVER PRAY.
FILED BY:
(________________)
ADVOCATE FOR THE PETITIONER
DRAWN ON:
Drawn by:
New Delhi
Date:
OTHER INFORMATION, DOCUMENTS TO BE INCLUDED WITH WRIT PETITION
1. Notice of motion
2. Urgent application
3. Court fee
4. Certificate
5. Synopsis & list of dates
6. Memo of parties
7. Annexure to the Petition
8. Application for exemption from filing certified copies, dim and small font annexures with affidavit.
9. Vakalatnama on behalf of the petitioner.
WRIT OF CERTIORARI
This is only body of the Writ Petition. Please include other details also:
IN THE HIGH COURT OF DELHI AT NEW DELHI
CIVIL ORIGINAL JURISDICTION
WRIT PETITION (CIVIL) NO. OF 20__
(UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA)
IN THE MATTER OF:
1. Mr. ____________ son of _________
Resident of _________ PETITIONER
VERSUS
1. State of _____
Pollution Department RESPONDENT NO. 1
Through its Secretary
2. South Delhi Municipal Commissioner
New Delhi RESPONDENT NO. 2
3. Pollution Control Department
New Delhi RESPONDENT NO. 3
WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING FOR DIRECTION OR ORDER IN THE NATURE OF CERTIORARI TO THE RESPONDENTS AND QUASH ORDER DATED___ PASSED BY THE RESPONDENT NO. 3.
To,
The Hon’ble Chief Justice of High Court,
And His Companion Judges of the
Hon’ble High Court of Delhi.
The humble petition of the
Petitioner above named.
THE PETITIONER MOST RESPECTFULLY SHOWETH:
1. That the Petitioner is filing the present writ petition under article 226 of the constitution of India Praying for direction or order in the nature of Certiorari to the respondents and quash order dated ______ passed by respondent No. 3.
2. That, the Petitioner is a Law abiding Citizen of India and residing the above address.
3. That the Petitioner runs a Coffee Shop in the name and style of Sit and enjoy at ______, New Delhi.
4. The Petitioner has obtained all necessary licenses and permission from the State and local authorities according to the applicable laws of India for conducting his business.
5. That Petitioner held a ______ License No. ______dated____, and has been carrying on this business for the last ten years and has gained a good reputation for his service in India. A copy of the ____ License has been annexed hereunder as ANNEXURE P1.
6. The Petitioner on _____ received a notice from the Respondent No. 3 to show cause and give explanation that why should not his license be revoked for polluting the environment through effluents from Coffee House. The notice also required the Petitioner to produce the license before the Respondent No. 3. A copy of the notice has been annexed hereunder as ANNEXURE P2.
7. The Petitioner pursuant to the notice dated____, submitted his explanation, wherein he stated that he did not pollute the environment from running the coffee shop and effluents from coffee shop is very limited and directly processing it.
8. Thereafter, the Respondent No.3, cancelled the ________ license of the Petitioner without giving proper consideration to the submission of the Petitioner by order dated ___.
8. The Petitioner aggrieved by the impugned order of the Respondent has approach this Hon’ble Court.
9. The Petitioner submits that the order dated ______by Respondent No. 3 are arbitrary and void amongst other.
GROUNDS
8. That the present Writ Petition is being filed on the following, amongst other, grounds without prejudice to each other;
A. Because Respondent No. 3 have issued cancellation order in violation of the principle of natural justice.
B. Because Respondent No. 3 have not applied their minds to the facts of the case.
C. Because order dated____ by issued by Respondent No. 3 is in violation of Article 19(1)(g) of the Indian Constitution.
PRAYERS
In view of the facts & circumstances stated above, it is most respectfully prayed that this Hon’ble Court may be pleased to:-
a) Issue a Writ in the nature of Certiorari qushing the order dated ____ passed by Respondent No.3;
b) Any other relief, order or direction this court may deem fit and proper under the facts and circumstances of this case.
AND FOR THIS ACT OF KINDNESS THE APPLICANT AS IN DUTY BOUND SHALL EVER PRAY.
FILED BY:
(________________)
ADVOCATE FOR THE PETITIONER
DRAWN ON:
Drawn by:
New Delhi
Date:
OTHER DOCUMENTS TO BE ATTACHED WITH WRIT OF CERTIORARI PETITION
1. Notice of motion
2. Urgent application
3. Court fee
4. Certificate
5. Synopsis & list of dates
6. Memo of parties
7. Annexure to the Petition including impugned order and relevant other orders
8. Application for exemption from filing certified copies, dim and small font annexures with affidavit.
9. Vakalatnama on behalf of the petitioner.
WRIT OF MANDAMUS
This is only body of the Writ Petition. Please include other details also:
IN THE HIGH COURT OF DELHI AT NEW DELHI
CIVIL ORIGINAL (EXTRA-ORDINARY) JURISDICTION
WRIT PETITION (CIVIL) NO. OF 20__
(UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA)
IN THE MATTER OF:
1. ________________________
S/o ______________________
R/o_______________________ PETITIONER
VERSUS
1. ABC Company Ltd
having its registered office at_____
Through its Chairman____ RESPONDENT NO. 1
2. The Managing Director
ABC Company Ltd RESPONDENT NO. 2
WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING INTER ALIA FOR REINSTATING THE PETITIONER IN SERVICE WITH ALL CONSEQUENTIAL BENEFITS INCLUDING BACK WAGES
To,
The Hon’ble Chief Justice of High Court,
And His Companion Judges of the
Hon’ble High Court of Delhi.
The humble petition of the
Petitioner above named.
THE PETITIONER MOST RESPECTFULLY SHOWETH:
1. That the Petitioner is filing the present writ petition under article 226 of the constitution of India praying inter alia for reinstating the petitioner in service with all consequential benefits including back wages.
2. That the petitioner is a citizen of India and is therefore entitled to enjoy all the rights guaranteed by the Constitution of India.
3. That respondent No. 1 is a company registered under the Companies Act, 2013 having its registered office at_________.
4. That respondent No. 2 is the Managing Director of the Company with powers of Appointment, termination and manage all day to day affairs of the Company.
5. The respondent-company is wholly owned by the Government of India and is, thus, an instrumentality of state is given in Article 12 of the Constitution.
6. That the petitioner was working as ______________ with respondent-company and was appointed on _______. He has been a diligent employee and been discharging his duties and obligations according to the employment norms and applicable rules of the Respondent Company.
7. That on_____ respondent No. 2 issued the impugned order dated_____ terminating the services of the petitioner without giving an opportunity to be heard to the Petitioner. The petitioner came to be relieved of his duties on ______. A copy of the impugned order is annexed hereto and marked as ANNEXURE-1.
8. The Petitioner states that the order of the termination of the service of the Petitioner was passed without following the due process of the principle of nature justice.
9. That the Petitioner has been discharging his duty as an employee according to the Respondent Company norms and therefore has not committed any act which would constitute as misconduct.
GROUNDS
10. That the present Writ Petition is being filed on the following, amongst other, grounds without prejudice to each other;
a. Because the petitioner being a permanent employee of the respondent-company his services could not be terminating without holding an enquiry under the rules applicable to the employees of the company.
b. Because the termination of the Petitioner is against the principle of natural justice as the Respondent was not given opportunity to heard.
d. Because the impugned order is arbitrary and contravenes Article 14 and Article 21 of the Constitution.
11. That the Petitioners have no other efficacious remedy except to approach this Hon’ble Court by way of this Petition under Article 226 of the Constitution of India.
12. That the Petitioners have not filed any other petition or preceding in any court or tribunal throughout the territory of India regarding the matter.
PRAYERS
In view of the facts & circumstances stated above, it is most respectfully prayed that this Hon’ble Court may be pleased to:-
a) Issue a Writ of Mandamus to the Respondent 1 with a direction to reinstate the Petitioner in service with all consequential benefits including back wages;
b) Issue an appropriate Writ Directing the Respondents to pay Cost to the Petitioner;
c) Any other relief, order or direction this court may deem fit and proper under the facts and circumstances of this case.
AND FOR THIS ACT OF KINDNESS THE APPLICANT AS IN DUTY BOUND SHALL EVER PRAY.
FILED BY:
(________________)
ADVOCATE FOR THE PETITIONER
DRAWN ON:
Drawn by:
New Delhi
Date:
OTHER DOCUMENTS TO BE INCLUDED WITH WRIT PETITION OF MANDAMUS
1. Notice of motion
2. Urgent application
3. Court fee
4. Certificate
5. Synopsis & list of dates
6. Memo of parties
7. Annexure to the Petition
8. Application for exemption from filing certified copies, dim and small font Annexure with affidavit.
9. Vakalatnama on behalf of the petitioner.
WRIT OF QUO WARRANTO
This is only body of the Writ Petition. Please include other details also:
IN THE HIGH COURT OF DELHI AT NEW DELHI
CIVIL ORIGINAL JURISDICTION
WRIT PETITION (CIVIL) NO. OF 20__
(UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA)
IN THE MATTER OF:
1. Mr. ____________ son of _________
Resident of _________ PETITIONER
VERSUS
1. _____________
___________ College
New Delhi
Through its Principal RESPONDENT NO. 1
2. The Chairman
University Grant Commission
New Delhi RESPONDENT NO. 2
3. Mr. _________________
Assistant Professor
___________ College RESPONDENT NO. 3
New Delhi
WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING FOR DIRECTION OR ORDER IN THE NATURE OF QUO WARRANTO TO THE RESPONDENTS AND REMOVE RESPONDENT NO. 3 FROM THE POST OF ASSISTANT PROCESSOR.
To,
The Hon’ble Chief Justice of High Court,
And His Companion Judges of the
Hon’ble High Court of Delhi.
The humble petition of the
Petitioner above named.
THE PETITIONER MOST RESPECTFULLY SHOWETH:
1. That the Petitioner is filing the present writ petition under article 226 of the constitution of India Praying for direction or order in the nature of Quo Warranto to the respondents and remove Respondent No. 3 from Assistant Professor Post.
2. That, the Petitioner is a Law abiding Citizen of India and residing the above address.
3. That the Petitioner has approached this Hon’ble Court seeking issuance of a writ in nature of a Quo Warranto against Respondent No. 3, questioning his appointment and for his consequent removal from the post of the Assistant Professor.
4. That, on__________, the Respondent No. 3 has been appointed as Assistant Professor with _____________ College. Copy of Appointment letter is attached herewith and marked as Annexure P1.
5. That Respondent No. 3 has not qualified NET examination and not eligible to appoint as Assistant Professor as per the UGC Regulations to appoint as Assistant Professor. His appointment is in violation of Section ____ of UGC Act and UGC Notification Dated ______. Copy of relevant sections of UGC Act and UGC Notification dated _____ is attached herewith and marked as Annexure P2.
6. The Petitioner aggrieved by the impugned Appointment order of the Respondent No. 1 has approach this Hon’ble Court.
9. The Petitioner submits that the order dated ______by Respondent No. 1 is in Violation of UGC Act and UGC Notification regarding qualification of teachers to be appointed in colleges.
GROUNDS
8. That the present Writ Petition is being filed on the following, amongst other, grounds without prejudice to each other;
A. Because the appointment order dated ______ is in violation of UGC Act.
B. Because Respondent No. 3 has not cleared National Education Test examination, hence he is not eligible to be appointed as Assistant Professor in a Government College under UGC.
C. Because UGC Notification dated____ clearly states that a Person qualified NET examination only can be appointed as Assistant professor in a College.
D. Because the appointment is illegal and unsustainable in law as the eligibility conditions are totally ignored / violated.
PRAYERS
In view of the facts & circumstances stated above, it is most respectfully prayed that this Hon’ble Court may be pleased to:-
a) Issue a Writ in the nature of Quo Warranto to the Respondents to remove Respondent No. 3 from the Post of Assistant professor;
b) Any other relief, order or direction this court may deem fit and proper under the facts and circumstances of this case.
AND FOR THIS ACT OF KINDNESS THE APPLICANT AS IN DUTY BOUND SHALL EVER PRAY.
FILED BY:
(________________)
ADVOCATE FOR THE PETITIONER
DRAWN ON:
Drawn by:
New Delhi
Date:
DOCUMENTS TO BE ATTACHED WITH WRIT PETITION OF QUO WARRANTO
1. Notice of motion
2. Urgent application
3. Court fee
4. Certificate
5. Synopsis & list of dates
6. Memo of parties
7. Annexure to the Petition including impugned appointment / other order and relevant documents
8. Application for exemption from filing certified copies, dim and small font annexures with affidavit.
9. Vakalatnama on behalf of the petitioner.
WRIT OF PROHIBITION
This is only body of the Writ Petition. Please include other details also:
IN THE HIGH COURT OF DELHI AT NEW DELHI
CIVIL ORIGINAL (EXTRA-ORDINARY) JURISDICTION
WRIT PETITION (CIVIL) NO. OF 20__
(UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA)
IN THE MATTER OF:
1. Mr. ____________ son of _________
Resident of _________ PETITIONER
VERSUS
1. _____ Company Ltd
New Delhi RESPONDENT NO. 1
2. Manager Accounts
Accounts Department
____Company Ltd
New Delhi RESPONDENT NO. 2
3. The Chief Executive Officer
_____ Company Ltd
New Delhi RESPONDENT NO. 3
WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING FOR DIRECTION OR ORDER IN THE NATURE OF PROHIBITION TO THE RESPONDENTS, PROHIBITING THEM FROM PROCEEDING FURTHER WITH THE DISCIPLINARY PROCEEDING ON THE BASIS OF THE ENQUIRY REPORT OF RESPONDENT NO. 2.
To,
The Hon’ble Chief Justice of High Court,
And His Companion Judges of the
Hon’ble High Court of Delhi.
The humble petition of the
Petitioner above named.
THE PETITIONER MOST RESPECTFULLY SHOWETH:
1. That the Petitioner is filing the present writ petition under article 226 of the constitution of India Praying for direction or order in the nature of prohibition to the respondents , prohibiting them from proceeding further with the disciplinary proceeding on the basis of the enquiry report of respondent No. 2.
2. That, the Petitioner was appointed as the Accounts Executive of Respondent No.1, a Government Company, having its registered office at ___________ on _________.
3. That Respondent No. 1 Company is discharging public functions and financed by the State of _________, and is a “State” under Article 12 of the Indian Constitution. Therefore, this petition against the Company is amenable before this Honbl’e Court.
4. The Petitioner has served the Company as Accountant for the period of 2 years before being promoted as the Accounts Executive. The Petitioner has been a diligent employee of the Company since the date of his appointment.
5. That, on _____, while serving as Accounts Executive, he was served with a disciplinary notice stating his inefficiency in performance. Copy of the disciplinary Notice is Annexed herewith and Attached as Annexure P1.
6. The enquiry into the said charges was made by the Accounts Manager of the Company. On the basis of the report of Respondent No. 2 which was send to the Respondent 3 a show cause notice dated _________ was sent to the Petitioner, stating why he should not be dismissed from service. A copy of the said show cause notice is Annexed herewith and attached as Annexure-P2.
7. That according to the Company Rules, the enquiry into the disciplinary charges is to be only made by the third party enquiry officer. The enquiry was made by a person not duly authorized to do so, i.e. Respondent No.2.
GROUNDS
8. That the present Writ Petition is being filed on the following, amongst other, grounds without prejudice to each other;
i. Because the procedure adopted by the Company in initiating disciplinary proceedings is against the Company’s rules i.e. Rule _____and regulations.
ii. Because the enquiry report of the Respondent No. 2 is not valid as he is the Reporting Manager of the Petitioner. The Petitioner had filed Complaint to the Management of the Company against Respondent No. 2 on ______ with corruption allegation and siphoning of funds. So Respondent No. 2 has personal enmity to the Petitioner due to reporting of his corruption case to the management.
iii. Because the Respondent No. 2 does not have the jurisdiction to prepare an enquiry report as per the Company’s Rules and Regulations.
PRAYERS
In view of the facts & circumstances stated above, it is most respectfully prayed that this Hon’ble Court may be pleased to:-
a) Issue a Writ in the nature of Prohibition to the Respondents Prohibiting them from proceeding further with the disciplinary proceeding on the basis of the enquiry report of Respondent No.2;
b) Any other relief, order or direction this court may deem fit and proper under the facts and circumstances of this case.
AND FOR THIS ACT OF KINDNESS THE APPLICANT AS IN DUTY BOUND SHALL EVER PRAY.
FILED BY:
(________________)
ADVOCATE FOR THE PETITIONER
DRAWN ON:
Drawn by:
New Delhi
Date:
OTHER INFORMATION, DOCUMENTS TO BE ATTACHED WITH WRIT PETITION
1. Notice of motion
2. Urgent application
3. Court fee
4. Certificate
5. Synopsis & list of dates
6. Memo of parties
7. Annexure to the Petition
8. Application for exemption from filing certified copies, dim and small font annexures with affidavit.
9. Vakalatnama on behalf of the petitioner.
Edited by-
Rajat Rajan Singh
Editor-in Chief at Law Trend
Advocate- Allahabad High Court at Lucknow
Written by Apurva Surve – Intern
