Writ Petition format for High Court

Format of Writ Petition in High Court under Article 226 of the Constitution of India.

SYNOPSIS

The petitioner is filing the present Writ Petition under Article _____ of the Constitution of India Praying inter alia for issuing Writ of Mandamus or any other appropriate Writ directing the Respondent to dispose, of in a time bound manner, the Service Appeal No. _____ of 20_____ filed by the Petitioner challenging dismissal order dated _____.20_____, passed illegally, without authority, by the Ld. ________________, by ignoring the Judgment passed by the Hon'ble High Court of ____ on _____.20_____.

That the Ld. ________________ passed dismissal order dated _____.20_____ on the ground that the Petitioner and other _____ namely Sh. _____ and Sh. _____ (_____) have moved an application to _____, (_____.) for taking necessary action for _______________, and the language used by the Petitioner and another employee was not proper, which shows acts of insubordination and hence amount to misconduct. Other two clerks have been punished only with warning. The Petitioner is a whistle blower and he is punished for his act of whistle blowing, he did, to improve the system. He is victimized, dismissed from service and his right under Whistle Blower Protection Act is denied.

That precisely the facts of the case are that the Petitioner was appointed as a clerk in the office of Learned District and Sessions Judge, _____ on _____.19_____.

LIST OF DATES AND EVENTS
_____.19_____ The Petitioner was appointed as a clerk in the Office of Ld. ________________, _____.

_____.20_____ The Petitioner was transferred to Sessions Division, _____.

_____.20_____ The Petitioner Joined his duty as Execution Clerk in the Court of _____ (Sr. _____.) at _____, Sub-division of Sessions Division-_____

_____.20_____ The Petitioner was transferred to the Sessions Division, _____ by the order of the Hon'ble ____________ High Court.

_____.20_____ The Petitioner along with another clerk Sh. _____ _____ wrote another application giving reference to previous application and again requested to supply necessary stationary. It was mentioned that either _______________ mentioned in the letter may be supplied to the Petitioner or permission be granted to purchase the same from local market.

_____.20_____ The Ld. Civil Judge (Sr. Division) _____ informed the Civil Judge (_____.)

_____._____.20_____ The Petitioner filed the reply and submitted that applications to provide _______________ was just for the purpose of proper and smooth functioning of the official duty.

_____.0_____.20_____ Ld. _______________ Judge, ____ sought clarification of the Ld. Presiding Officer.

_____.20_____ The Ld _______________ without considering the reply filed by the Petitioner in response to show cause notice, issued Memorandum No. _____ along with Charge-sheet and statement of allegations.

___20_____ Reply against the said appeal was filed by the District and Sessions Judge, Faridabad. But the matter is pending with the appellate authority till date, due to which the livelihood of the Petitioner is affected and the Petitioner is left without any income source.

_._____.20_ Hence the instant Writ Petition

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CIVIL ORIGINAL JURISDICTION
WRIT PETITION (CIVIL) NO. OF 20_____

IN THE MATTER OF:
_____ ....PETITIONER
VERSUS
1. _____

2. _____

3. _____ ....RESPONDENTS

WRIT PETITION UNDER ARTICLE _____ OF THE CONSTITUTION OF INDIA PRAYING INTER ALIA FOR ISSUING WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT DIRECTING THE RESPONDENT TO DISPOSE OF IN A TIME BOUND MANNER, THE SERVICE APPEAL NO. _____ OF 20_____ FILED BY THE PETITIONER CHALLENGING DISMISSAL ORDER DATED _____.20_____, PASSED ILLEGALLY, WITHOUT AUTHORITY, BY THE LD. ________________

To,

The humble petition of the
Petitioner above-named.
MOST RESPECTFULLY SHOWETH:
1. The petitioner is filing the present Writ Petition under Article _____ of the Constitution of India Praying inter alia for issuing Writ of Mandamus or any other appropriate Writ directing the Respondent to dispose of in a time bound manner, the Service Appeal No. _____ of 20_____ filed by the Petitioner challenging dismissal order dated _____.20_____, passed illegally, without authority, by the Ld. ________________, by ignoring the Judgment passed by the Hon'ble High Court of Punjab and Haryana at Chandigarh on _____.20_____ in CWP No. _____ of 20_____. Copy of dismissal order dated _____.20_____ passed by the ________________ is annexed herewith and Marked as ANNEXURE PA-1.

2. That on _____.20_____ the Petitioner had filed Appeal Under Rule 14(1) and 14(2)c(i) of Haryana Subordinate Courts Establishment (General Conditions of Service) Rules, 19_____ vide Appeal No. _____ of 20_____ before the __________for the __________, challenging the order dated _____.20_____ passed by the ________________. Copy of Appeal Under Rule 14(1) and 14(2)c(i) of _______________ (General Conditions of Service) Rules, 19_____ filed by the Petitioner on _____.20_____ along with annexures are annexed herewith and attached as ANNEXURE PA-2 (COLLY).

3. That on _____20_____ the Office of the _______________ filed reply against the appeal. But the matter is pending till date, due to which income source of the petitioner is stopped and the right of the Petitioner guaranteed under the Constitution of India is affected. Copy of the Reply along with Annexures filed by the Office of the District and Sessions Judge, Faridabad on _____.20_____ is annexed herewith and attached as ANNEXURE PA-3 (Colly).

4. That on _____.20_____ _______________ issued show cause notice to the Ld. Civil Judge Junior Division, Hodal and directed the officer to furnish his comments as to how he has forwarded this application without certifying that the _______________ as mentioned in the application are in fact not being provided or required. In this show cause notice nothing was mentioned about the language used in the letter dated _____.20_____ which is shown as insubordination in the letter dated _____.20_____ sent to the Petitioner. Copy of the Show Cause notice dated _____.20_____ issued by _______________ to the Ld. Civil Judge Junior Division, Hodal is placed on record as ANNEXURE PA-4.

Facts of the Case
7. That precisely the facts of the case are that the Petitioner was appointed as a clerk in the office of Learned District and Sessions Judge, Faridabad on_____.19_____ and on _____.20_____, the petitioner was transferred to __________.

8. That as the Petitioner along with some other officials, were not provided the sufficient _______________. The Petitioner wrote a letter on _____.20_____ to the _______________ requesting therein to supply the required _______________.

9. That as no heed was paid to the previous applications of the Petitioner by the Ld. Civil Judge (_____.)

10. The Petitioner is a whistle blower and he is punished for his act of whistle blowing, he did, to improve the system. He is victimized, dismissed from service and his right under Whistle Blower Protection Act is denied.
11. That being aggrieved, the Petitioner has no other alternative remedy but to approach this Hon'ble Court and invoke Article 226 of the Constitution of India on the following amongst other grounds which are urged hereinafter without prejudice to each other.

GROUNDS
That the present Writ Petition is being filed on the following, amongst other, grounds without prejudice to each other;

A. Because the order dated ____.20____ passed by the Ld _______________ was by violating the Judgement dated ____.20____ passed by the Hon'ble ____________ in CWP No. ____ of 20____ and order dated____.20____

B. Because the Writ Appeal No. __ of 20____ filed by the Petitioner before the Hon'ble Administrative Judge for the Faridabad Sessions Division at Chandigarh is pending for long time and not showing any date of hearing due to which the Petitioner is deprived of his income for livelihood.

C. Because the right of the Petitioner under Article 21 of the Constitution of India is denied as he is dismissed from service arbitrarily by alleging the language used in the stationary request letter as improper and his appeal is not being heard for disposal.

D. Because the Petitioner is a whistle blower and he is punished for his act of whistle blowing, he did, to improve the system. He is victimized, dismissed from service and his right under Whistle Blower Protection Act is denied.

12. That the petitioners have no other efficacious alternative remedy than to file the present writ petition.

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 or any other appropriate Writ directing the Respondent No. 1 to dispose of the Service Appeal No. __ of 20____ filed by the Petitioner before the Hon'ble Administrative Judge for the _____________ at _______, in a time bound manner; OR

b) Pass 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 PETITIONER AS DUTY BOUND SHALL EVERY PRAY.

THROUGH

[________________________]
ADVOCATE FOR THE PETITIONER

PLACE:
DATE: ____.20____