Sample Form

In the High Court of Judicature at ………..
In re Art. 226 of the Constitution of India
Civil Writ Petition No. …….. of…….
Name & Address :…………………….……..				Petitioner
…………………………………
Versus
(1) State of ……………
(2) ………………………. Inspector-General of Police at………..		Respondents.
(3) ………………………, Inspector of Police………Division at ………..
Petition under Art. 226 of the Constitution of India for  issue of a writ of Prohibition
The petitioner above named states under :
1. That he was appointed as a Sub-Inspector of Police in the State of ……………….on ………
2. That he served the State in various capacities, to writ as……….in…….. at……… and as………..in ……..at……..
3. That while he was stationed at …………and serving as ……….., he 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 a notice from 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 inquiry was held by a person not duly authorised to do so.
8. The holding of a departmental inquiry 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 the matter here is a case in which there is a substantial error apparent on the face 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 from proceeding to take any 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 finding thereon referred to in the petition.
N.B. - An affidavit in support of the petition is also filed herewith.
Dated…………
Petitioner.
(Sd.)
(Sd) 
Advocate for the Petitioner.