Format for Writ Petition (Mandamus) before High Court

 

Source:iPleadersblog

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. MK Singh s/o MP Singh R/o Indore                    PETITIONER

VERSUS

1.  Repliance Company Ltd.

having its registered office at Indore                RESPONDENT NO. 1

Through its Chairman Rajiv K

2. The Managing Director                                RESPONDENT NO. 2


WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING FOR QUASHING THE IMPUGNED ORDER DATED _____ PASSED BY THE RESPONDENT NO. 1 AND REINSTATING THE PETITION 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 for quashing the impugned order dated _____ passed by respondent No. 1.

 

2.  That, the Petitioner is a Law-abiding Citizen of India and residing the above address and therefore entitled to enjoy all rights guaranteed by the Constitution of India.

 

3.  That the Respondent No. 1 is a company registered under the Companies Act, 2013 having its registered office at Indore.

 

4.  That the Respondent No. 2 is the Managing Director of the company with all the powers of appointment, termination and to manage daily affairs of the company.

 

5.  That the Respondent company is wholly owned by the Government of India and is thus an instrumentality of state is given under Article 12 of the Constitution.

 

6.  That the Petitioner was working as a legal officer with the respondent company and was appointed in ____. 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. 1 issued the impugned order dated ____ terminating the service 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 hereunder and marked as ANNEXURE-1.

 

8.  That the Respondent state has the order of termination of the service of the Petitioner was passed without following the due process of the principle of natural 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 writ petition is filed on the following amongst other grounds without to each other

a.   Because the Petitioner being a permanent employee of the Resident company has his service 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 the opportunity to be heard.

 

c.   Because the impugned judgement is arbitrary and contravene Article 14 and Article 21 of the Constitution.

 

11.      That the Petitioner have no other efficacious remedy except to approach this Hon’ble High Court by way of this petition under article 226 of the Constitution of India.  

 

12.      That the Petitioner have not filed any other petition or proceeding 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 in the nature of Mandamus to the Respondent No. 1 and quash the impugned order dated ____ passed by Respondent No. 1 and to reinstate the Petitioner in service with all consequential benefits including the back wages;

 

b)  Issue an appropriate writ directing the Respondent to pay the 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:


(ABC)
ADVOCATE FOR THE PETITIONER

New Delhi
Date: ____