Civil Pleadings In The High Court Of Judicature A1

In the High Court of Judicature at________ 

In re, Article 226 of the Constitution of India 

Civil Writ Petition No _____ of _____ 

A B (add description and residence) Petitioner  

Versus 

1) State of ________ Respondent  

2) C D, Inspector-General of Police, at. ____  

3) E F, Inspector of Police ______ Division at.  

Petition under Article 226 of the Constitution of India for issue of a writ of Prohibition  The petitioner above named states as under:  

1. That he was appointed as Sub-Inspector of Police in the State _____of_____on_____ 2. That he served the State in various capacities, to wit as _____ in _____at_____ and _____as 

_____in _____at. 

3. That while he was stationed at_____and serving as _____ne was served with a charge- sheet  dated _____ a copy whereof is filed herewith.  

4. That enquiry into the said charges was made by respondent No. 3 from _____to _____, who  submitted a report dated _____ to respondent No. 2 finding the charges mentioned in charge sheet above-mentioned to be proved.  

5. That according to Rule _____of ______ the charges aforementioned could not be enquired into  except by an officer of the rank of superintendent of police of _____ Division or with the approval of  

_____ respondent NO.2 of another Division in the State of _____  

6. That on _____the petitioner received notice form respondent No.2 to show cause why he should  not be dismissed from service.  

7. That the aforesaid enquiry was illegal and ultra vires. Respondent No.2 had no jurisdiction to take  into consideration the said enquiry or pass any order on the basis thereof. The so-called enquiry  was held by person not duly authorized to do so.  

8. The holding of a departmental enquiry by a Superintendent of Police is a condition precedent, a fact  which must exist before respondent NO.2 can assume jurisdiction or authority for the purpose of  passing the final order of dismissal under Rule _____ of against the petitioner.  

Here is a case of acting without or in excess of jurisdiction.  

9. That in any view of matter here is a case in which there is a substantial error apparent on the fact of  the record and an error of jurisdiction for the purposes of 'certiorari' or 'prohibition.'  

10. It is, therefore, prayed that a writ be issued prohibiting the respondent form proceeding to take  further action against the petitioner by way of dismissal of the petitioner from the police force or  doing any other act to the prejudice of the petitioner based on the purported enquiry and the findings  thereon referred to in the petition.  

N. B .- An Affidavit in support of the petition is also herewith.  

Dated _______ AB, petitioner  

Advocate  

For the petitioner