Sample Form

In the High Court of Judicature……….. at………….

In re Art. 226 of the Constitution of India

Civil Writ Jurisdiction

Petition No……. of …….

Name And Address :……………………………………….				Petitioner,

versus

(1) State of ………….					} 			Respondents.

(2) Collector of …………..				}

Petition for issue of a writ of certiorari to quash the order of removal, dated…………. passed by respondent No. 2

The petitioner above-named states as under :

1. That he was appointed temporarily and provisionally by the Deputy Director of Agriculture………. Division,…………., as a clerk in the office of the Inspector of Agriculture, at………… on a salary of Rs…….. per month,  in the grade of……….. with effect from……….. by order No………… dated………

2. That he discharged the duties of his office diligently and faithfully.

3. That on………, however, respondent No. 2 by his order No……. dated…. suddenly and without notice to the petitioner terminated his services alleging that he (petitioner) was a member of ………………………………….  which according to respondent No. 2 was a political party, and that the act alleged involved a disciplinary rule of…….. Government Servants' Conduct Rule 21.

4. That the said order of termination of the service of the petitioner contravened the provisions of Art. 311 of the Constitution of India.

5. That no notice to show cause against such termination having been given to the petitioner, the said order of termination of petitioner's services denied the opportunity to the petitioner to which he was entitled under the fundamental principles of natural justice.

6. That such termination of the services of the petitioner amounted to removal from service, whereby a stigma is attached to the petitioner's conduct and he may find it difficult to seek appropriate employment in future.

7. That respondent No. 2 was acting in a quasi-judicial capacity, on whom was imposed an obligation by the Constitution of India not to impose the punishment given in the petitioner's case without giving an opportunity to the petitioner to show cause against the action proposed to be taken against him.

8. That the petitioner is not a member of ………………….., nor is such …………. is a political party.

9. In the circumstances stated above, it is prayed that the order dated……… passed by respondent No. 2 terminating the services of the petitioner be quashed. Such other direction as the Hon'ble Court think fit be given in this behalf.

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

Dated ………………..

(Sd.)
Petitioner.
(Sd.)
Advocate for the Petitioner.