IN THE HIGH COURT OF JUDICATURE OF ………………..AT …………

W. P. No. …………. of …………..….

Between :

A.B.				  			                 ... Petitioner
		
And

C.D.							                 … Respondent

Affidavit of  the petitioner herein 

I, Mr………………............................................, 
S/o. ………………………………………………….…..., an adult Indian inhabitant, 
Occupation …………………............................... 
District ………………………………..…………………… do hereby solemnly affirm and state as follows :-
 
1. 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 miles and regulations of ………………….…………………. I never executed any agreement since I was not inclined to opt for the same.
 
2. Thus I am governed by the rules and regulations and the service conditions which are applicable to the employees of the …………………………….…………….
 
3. 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 though in fact the said service should have been despatched 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 ………………………………..……………

4. 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 colluded to 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 surprising that on such an anonymous letter which was not even signed by any party the respondent herein had initiated the present action of suspending me from service.

5 . I also submit that in fact on ………………………..…………. the service was despatched at ………………........... hours for want of passengers.  Apart from the passengers specified in the present proceedings the other 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.
 
6. 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, therespondent 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 proceedings dated …………….  i.e., ……………. No. ................. are
not sustainable on the following amongs other Grounds :

i. The respondent has no competency or authority to initiate the present action and hence the proceedings are without jurisdiction.

ii. The respondent even otherwise is not the competent authority to cause notice under Rule 10 or 11 of the Classification, Control and Appeal Regulations.

iii. The petitioner never opted for the Rules and Regulations of the ……………………………. by executing any agreement as such.
  
iv. Even otherwise the proposed punishment is highly unreasonable and excessive.

v. The action of the respondent is arbitrary and is not supported by any Rules or Regulations.

vi. 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.

vii. The impugned proceedings at the instance of the certain anonymous persons is not sustainable in law.
 
viii. The other grounds will be urged at the time of hearing.

ix. Under these circumstances, 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.

x. 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.

xi. Under these circumstances, it is just and necessary in the interests of Justice that this Hon'ble Court may be pleased to --

a. 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 illegal, arbitrary and unconstitutional ;

b. 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.............. 20......			

Deponent
Before me
Advocate.............

WRIT PETITION Under Article 226 of the Constitution of India
IN THE HIGH COURT OF JUDICATURE OF ………………
AT ………………

W. P. No. ……….. of ………..
	
Between :
A.B.						                          … Petitioner
And

C.D.						             		 … Respondent
 
The address for service of all notices, summons, and process on the above named petitioner is that of his counsel Mr. ......………………. Advocate, High Court Advocates' Association, High Court Buildings, ………………….

For the reasons and in the circumstances stated in the accompanying affidavit the petitioner herein prays in the interests of Justice, that this Hon'ble Court may be pleased 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 illegal, arbitrary, and unconstitutional, 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.

Place : ………....
 
Dated : …………
Advocate for Petitioner

WRIT PETITION MISC.  PETITION Under Section 151 of CPC
IN THE HIGH COURT OF JUDICATURE OF …………………
AT ……………

W.P.M.P. No. …………… of ………..
W.P. No. …………… of ………….

Between :

A.B.						         … Petitioner/Petitioners

And

C.D.							  … Respondent/Respondents
 
For the reasons and in the circumstances stated in the affidavit filed in support of the above Writ Petition, the petitioner herein prays in the interests of Justice, that this Hon'ble Court may be pleased to suspend the operation of the ……………………….……. 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.
 
Place : ………………..

Dated : ……………….                                                              
Advocate for Petitioner 
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