Writ Petition Format for High Court under Article 226

SYNOPSIS

The petitioner invokes Article 226 of the Constitution of India for issuance of a writ of mandamus or other appropriate direction requiring Respondent No. 1, the competent appellate authority, to consider and decide Service Appeal No. _____ of 20_____, preferred against dismissal order dated _____, by a reasoned order within a time fixed by this Hon'ble Court.

The petitioner was appointed as a clerk in the office of the District and Sessions Judge, _____, on _____. Following transfers and assignment as an Execution Clerk at _____, the petitioner submitted requests for stationery and other materials said to be necessary for official work. Disciplinary proceedings were thereafter initiated on allegations relating to the language and manner of those requests. The petitioner disputes the allegations, contends that the penalty was disproportionate and states that other employees involved received warnings. These assertions are subject to proof from the relevant records.

The petitioner filed a statutory or departmental appeal on _____ under Rule _____ of the applicable service rules. A reply was submitted by the disciplinary authority on _____. The appeal remains undecided as of the date of filing, allegedly causing continuing hardship.

LIST OF DATES AND EVENTS

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CIVIL WRIT JURISDICTION
CWP No. _____ of 20_____

IN THE MATTER OF:

_____ [Full name, designation and address]
...Petitioner

VERSUS

1. _____ [Competent appellate authority, designation and address]
2. _____ [Disciplinary authority, designation and address]
3. _____ [Other necessary party, if any]
...Respondents

CIVIL WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA SEEKING A WRIT OF MANDAMUS FOR TIME-BOUND DISPOSAL OF SERVICE APPEAL NO. _____ OF 20_____

To
The Hon'ble Chief Justice and the Hon'ble Judges of the High Court of Punjab and Haryana at Chandigarh.

The humble petition of the petitioner above-named:

MOST RESPECTFULLY SHOWETH:

1. That the petitioner is aggrieved by the prolonged non-disposal of Service Appeal No. _____ of 20_____, filed on _____ against dismissal order dated _____ passed by Respondent No. _____. The petitioner seeks a direction for its consideration and disposal in accordance with law. A copy of the dismissal order is annexed as Annexure P-1.
2. That the petitioner preferred the appeal before the competent authority under Rule _____ of the applicable _____ Service Rules, _____, on _____. A copy of the appeal and supporting documents is annexed as Annexure P-2 (colly).
3. That the office of Respondent No. _____ filed its reply to the appeal on _____. Despite completion of the relevant steps, no final order has been communicated to the petitioner. A copy of the reply is annexed as Annexure P-3 (colly).
4. That on _____ the competent authority issued a show-cause notice to the concerned Civil Judge regarding forwarding of the petitioner's request for necessary stationery or office materials. The petitioner submits that the notice did not identify the alleged improper language later relied upon in disciplinary proceedings. A copy is annexed as Annexure P-4.
5. That the petitioner was appointed as a clerk on _____ and was thereafter transferred to _____ and assigned duties as Execution Clerk in the court of _____. Copies of appointment and transfer orders, where relevant, are annexed as Annexure P-5 (colly).
6. That the petitioner and other employees submitted requests dated _____ and _____ for necessary office supplies, alternatively seeking permission to purchase them locally. Copies of the representations are annexed as Annexure P-6 (colly).
7. That the petitioner submitted an explanation dated _____ stating that the communications were intended to ensure smooth discharge of official duties. The disciplinary authority nevertheless issued a charge-sheet dated _____ and subsequently passed the dismissal order dated _____. The petitioner disputes the findings and contends that the penalty was disproportionate. Copies of the explanation and disciplinary records are annexed as Annexure P-7 (colly).
8. That the petitioner states that two similarly placed employees received warnings rather than dismissal. The nature of their roles, charges and penalties is required to be established by relevant orders; copies, if available, are annexed as Annexure P-8 (colly).
9. That the petitioner also relies upon the earlier judgment dated _____ in CWP No. _____ of 20_____, insofar as it applies to the present dispute. A certified or true copy is annexed as Annexure P-9.
10. That the petitioner has requested early disposal of the pending appeal by representation dated _____, but no effective decision has followed. The representation and proof of delivery are annexed as Annexure P-10 (colly).
11. That the cause of action arose on _____ and continues by reason of the pending appeal. The petitioner states that the competent authority and relevant cause of action fall within the territorial jurisdiction of this Hon'ble Court.
12. That the petitioner has disclosed the available departmental remedies and any prior or pending litigation concerning the same cause of action: _____. No material proceeding or order has been concealed.

GROUNDS

A. Because Respondent No. 1 is required to exercise the appellate jurisdiction conferred by the applicable service rules and consider the appeal in accordance with law.

B. Because the unexplained and prolonged pendency of the appeal, despite filing of a reply, warrants consideration of a reasonable time-bound direction, having regard to the nature of the dispute.

C. Because the petitioner alleges unequal and arbitrary treatment in the disciplinary proceedings, raising issues under Articles 14 and 16 of the Constitution, subject to proof and determination by the competent forum.

D. Because the petitioner contends that the dismissal order disregarded relevant material and an earlier binding order dated _____ in CWP No. _____ of 20_____, to the extent established by the record.

E. Because the petitioner has raised issues of proportionality, fairness and observance of applicable disciplinary procedure in the pending appeal, which should be addressed by the appellate authority by a reasoned decision.

F. Because the petitioner alleges retaliation for raising concerns about office administration. Any such claim is made on the pleaded facts and applicable law, without assuming that the uncommenced Whistle Blowers Protection Act, 2014 confers an enforceable right.

PRAYER

In the facts and circumstances stated above, it is respectfully prayed that this Hon'ble Court may be pleased to:

1. Issue a writ of mandamus or any other appropriate writ, order or direction directing Respondent No. 1 to consider and dispose of Service Appeal No. _____ of 20_____, filed on _____ against dismissal order dated _____, by a reasoned order in accordance with law within such period as this Hon'ble Court considers appropriate;
2. Direct that the petitioner be afforded an opportunity of hearing where required by the applicable rules and principles of natural justice;
3. Pass any other order or direction considered just and proper in the circumstances of the case.

AND FOR THIS ACT OF KINDNESS THE PETITIONER SHALL, AS IN DUTY BOUND, EVER PRAY.

Filed through:
________________________
Advocate for the Petitioner

Place: Chandigarh
Date: _____

VERIFICATION

I, _____, the petitioner above named, verify that paragraphs _____ to _____ are true to my personal knowledge, paragraphs _____ to _____ are based on records believed to be true, and the legal submissions are based on advice received and believed to be correct. No material fact has been concealed.

Verified at _____ on _____.

________________________
Petitioner

A supporting affidavit, properly identified annexures, index, court fee, vakalatnama or authorisation and other filing documents must be prepared as required by the applicable court rules.