Writ Specimen Form Of A Writ Petition

Specimen Form of a Writ Petition

In the High Court of________ at________ 

Civil Original (Extra-ordinary) Jurisdiction

Civil Writ Petition No________ of 2018 

In the matter of: 

JKL S/o_______

 R/o________ former employee (Inspector Grade-I)

 in the Respondent-Company. .Petitioner 

1. XYZ Company Ltd., a company wholly owned by the Govt. of India and having its registered office at________ through its Chairman. 

2. Managing Director of the above Company .Respondent Civil Writ Petition against the order dated________ passed by the Managing Director, respondent No. 2 herein, by which the services of the petitioner as an employee of the respondent-company have been terminated. May it please the Hon’ble Chief Justice of the High Court of _____ and His Lordship’s companion Judges. 

The Petitioner MOST RESPECTFULLY SHOWETH:

 1. That the petitioner is a citizen of India and is therefore entitled to enjoy all the rights guaranteed by the Constitution of India. 

2. That respondent No. 1 is a company registered under the Companies Act having its registered office at________ 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. 

3. That the petitioner was an employee of the respondent-company, having been appointed as a Sub Inspector Grade-I on________ 2018 and he continued to work, earning one promotion also. 

4. That on________ 2018 respondent No. 2 herein abruptly issued the impugned order dated_______ 

terminating the services of the petitioner and the petitioner came to be relieved of his duties the same day. A copy of the impugned order is annexed hereto and marked as ANNEXURE-1. 

5. That on a bare reading of the impugned order it becomes clear that the order has been issued on the basis of some alleged misconduct on the part of petitioner, but no inquiry under the relevant rules has been held before the passing of the order. 

6. That the petitioner has not committed any act that could be termed to be an act constituting misconduct. 

7. The impugned order is being assailed on the following, amongst other, 

GROUNDS

 7.1 That 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. 

7.2 That the principles of natural justice have been contravened by the respondents in not giving to the petitioner any opportunity of being heard. 7.3 That the impugned order is otherwise also erroneous and unsustainable, as it does not contain any reason and is a non-speaking order. 

7.4 That the impugned order is arbitrary and contravenes Article 14 of the Constitution. 

7.5 _______________.

 7.6 _______________. 

8. That the petitioner has not filed any petition other proceedings relating to the matter at this petition in any other court.

 PRAYER 

In the facts and circumstances stated above the petitioner prays that a direction in the form of a writ of quo warranto and mandamus or any other appropriate writ be issued quashing the impugned order and reinstating the petitioner in service with all consequential benefits including back wages. It is further prayed that the respondent be burdened with costs. 

PETITIONER 

THROUGH DATED________ 

COUNSEL MR_________ 

The Writ petition must be supported by an affidavit of the petitioner