Sample Form

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

In re Art. 226 of the Constitution of India

Civil Writ Petition No…….. of ……….

Name and Address :………………						Petitioner
……………………………………
versus

General Manager, ……………… Railway, at ………………		Respondent.

Petition for issue of appropriate……….. to quash notices dated ……….. and ………….. and …….. to forbear from proceeding with further enquiry

The petitioner above named states as under :

1. That in the month of …………. 20……….. the petitioner was an Assistant Bridge Inspector in the employ of ………. Railway Administration.

2. That on………. the respondent wrote to him intimating him that it was proposed to take action against him under the Railway Services (Safe-guarding of National Security) Rules, and requiring the petitioner to say whether he wished to proceed on such leave as was due to him.

3. That on………. the petitioner replied that he was surprised at the communication that had been sent to him, that he was ignorant of the grounds on which it was proposed to take action and that there was no provision in the rules whereby he could be compelled to go on leave. However without prejudice he asked for 20 days' leave tobe granted to him. No order granting leave appears to have been issued.

4. That on……….. the respondent issued a notice to the petitioner telling him that in the opinion of the "competent authority" there were reasonable grounds for believing that the petitioner was engaged in subversive activities and that consequently his services were liable to be terminated. Six grounds were then set out as the basis of the propsoed action. The said intimation along with the six charges is filed herewith.

5. That the petitioner was required to state within 10 days of the receipt of the said notice dated…………. "whether he accepted or denied the accuracy of the above allegations; and if he did not reply within the above period it would be assumed that he admitted the allegations." He was also told that within the period 10 days, he might submit any representations he might desire to make as to why his services should not be terminated.

6. The petitioner was placed under suspension on ……..

7. While the proceeidngs issued in pursuance of the notice dated………. were still pending a new set of rules came into force namely, Railway Services (Safeguarding of National Security) Rules, 1954. So on…….. a fersh notice was issued to the petitioner under the new rules which was in terms almost identical with the previous notice. The 2nd notice is filed herewith.

8. That being aggrieved by the issue of the aforesaid notices and the order of suspension, the petitioner approaches this Hon'ble Court for issue of an appropriate writ of  certiorari  and/or prohibition, on the following, among other.

Grounds

(i) Rule 3 of the Railway Services (Safeguarding of National Security) Rules, 1954 is ultra vires the Art. 14 of the Constitution of India. There is no reasonable classification to distinguish the case of petitioner from others. Provision for dealing with conduct of the kind attributed to the petitioner already exists in Chapter XVII of the Railwy Establishment Code. The expression "subversive activities" as a basis for attempted classification is a very vague expression. To single out cases of the present kind involves a transgression of the provisions of the Constitution which prohibits discrimination. Rule 3 aforementioned is loosely worded and it lacks definiteness.

(ii) That the charges framed agaisnt the petitioner are so vague that they cannot be reasonably answered.

For instance -

(a) The first charge for the following reasons does not furnish any basis for taking disciplinary action against the petitioner :

(b) 2nd charge on the face of it does not necessarily connect the petitioner with any "subversive activities of……….";

(c) 3rd charges does not indicate the impugned articles or portions thereof which are alleged to have been written by the petitioner;

(d) 4th charge does not state as to when, where and how the petitioner spread the doctrines mentioned in the charge.

(e) 5th and 6th charges also do not give particulars as to the necessary consequence of the funds collected being used for promotion of illegal or subversive activities.

The charge which a person is called upon to meet must be clear, precise and accurate.

(i) That the notice dated…….. is bad in law inasmuch as even before the explanation of the petitioner had been received, the respondent was in effect and substance telling the petitioner that it was proposed to terminate his services. This necessarily indicated that the administration had decided to send the petitioner out of service whatever his explanation might be.

9. It is, therefore, prayed that the order of suspension dated……… passed agaisnt the petitioner be quashed as well as the charges framed against him. The respondent be prohibited from further giving effect to the proceedings, proposed to be taken against him pursuant to the notice date……… above mentioned.

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

Dated ………………..

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