Sample Form
IN THE HIGH COURT OF JUDICATURE OF………
AT…………….
W.P. No………. OF………
Between :
1……………….							Petitioner
And
2. …………….							Respondent
AFFIDAVIT OF…………………. THE PETITIONER HEREIN
I,……………………….. S/o……………………… agred about …….. years, Occupation …………… District ………….. and now having temporarily come down to ………… do hereby solemnly and sincerely affirm and state on oath as follows :
1. That I am the petitioner herein and as such I am well acquainted with the facts of the case.
2. I submit that originally I was appointed as ……………….. in ……………… in the year ………, and thus being a servant of……………… I am governed by the rules and regulations, service conditions, facilities and benefits for which the ……………… employees are entitled too. However, the ………………….. was transferred to ………….. in the year ……….. but neither myself nor our Union had been a consenting party to such a transfer of undertaking. Though there was a demand by the Corporation that I should execute an agreement opting for the rules and regulations of ……………….. I never executed any agreement since I was not inclined to opt for the same.
3. Thus I am governed by the rules and regulations and the service conditions which are applicable to the employees of the ……………
4. I, further submit that I was  on Despatch duty as Despatch Conductor at ……………… Depot on dated ……………… As Despatch Conductor I had duly despatched the …………… service at ………. Hours. I had transacted my duty as Despatch Conductor and I had done nothing else contravening any of the regulations, guidelines or instructions of the ………………
5. I further submit that to my surprise I received an order of suspension dated ………… passed by the respondent alongwith the charge memo,  dated ….………. by proceedings …………. No………..on the ground that I had despatched ………… adults and ………. Children who are bound for …………… an intermediate stage in ……………….service, and that I colludedto have some personal gains. I also submit that surprisingly these proceedings were initiated on the basis of some letter by some unknown workers of ………………. Depot. It is suprising that on such an anonymous letter which was not even signed by any party the respondent  herein had initiated the present action of of suspending me from service.
6. I also submit that in fact on……………. The service was despatched at……………… hours for want of passengers were only ………………. Passengers. Even otherwise this service being an ordinary service having stops at………………. and also other places in between ………………….. we are duty bound to issue tickets and we are not expected to take the vehicle empty or partially vacant when distinct tickets are not available. It is futile on the part of the respondent to initiate the present action on the ground that too at the instance of the certain unknown persons. 
7. I also submit that since  I secure certain benefits by virtue of I.D. No……….. on the file of the Industrial Tribunal-cum-Labour Court, …………… against the respondent, the resondent aggrieved of the same and has been harassing me by initiating such action. Hence, the impugned proceedings are mala fide and made by the respondent with ulterior motive. The said proceeding dated …………. i.e., ………….. No………. are not suitable for the reasons stated infra.
GROUNDS
1. The respondent has no competence or authority to initiate the present action and hence the proceedings are without jurisdiction.
2. The respondent even otherwise is not the competent authority to cause notice under Rule 10 or 11 of the Classification, Control and Appeal Regulations.
3. The petition never oped for the Rules and Regulations of the ………………… by executing any agreement as such.
4. Even otherwise the proposed punishment is highly unreasonable and excessive.
5. The action of the respondent is arbitrary and is not supported by the Rules or Regulations.
6. The action of the respondent cannot stand to legal scrutiny since the petitioner is bound to dispatch the service in time with loaded tickets. Apart from this the action of the respondent is mala fide.
7. The impugned proceedings at the instance of the certain  anonymous persons is not sustainable in law.
8. The other grounds will be urged at the time of hearing.
9. Under these circumstance, I have  no other alternative remedy except to invoke the extraordinary jurisdiction of this Hon'ble Court, under Article 226 of the Constitution of India.
10. Earlier I have not filed any suit, writ, or appeal either before this Hon'ble Court, or before any other Court of Law or authority, regarding the subject matter of the present Writ Petition.
11. Under these circumstances it is just and necessary in the interests of Justice that this Hon'ble Court may be please to -
1. To issue a Writ of Certiorari, or any other appropriate writ, order or direction, calling for the records pertaining to the proceedings No……….. dated …….. issued by the respondent, and quash the same as illagal, arbitray and unconstitutional.
2. To suspend the operation of the Proceedings No……….. dated ………. Issued by the respondent, pending the disposal of the above Writ Petition ;
and pass such other and further order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case, as otherwise I will be put to irreparable loss, hardship and damage.
Solemnly affirmed at…………….
On this …………..day of………
And signed his name in my presence.
								Advocate :………..