Writ Petition seeking Writ of Prohibition from High Court under Article 226 of
Constitution to prohibit Respondents from proceeding with disciplinary action.

Format of Writ Petition seeking Writ of Prohibition from the High Court under Article 226
of the Constitution. 
Download Format.

A writ of prohibition issues to prevent a judicial authority subordinate to
the High Court from exercising jurisdiction over a matter pending before it.
This could be on the ground that the authority lacks jurisdiction and further
that prejudice would be caused if the authority proceeds to decide the matter.
Where the authority is found to be biased and refuses to rescue, a writ of
prohibition may issue.

Sample format of Writ of Prohibition to High Court is given below. This is
only body of the Writ Petition. Please include other details also:

 

 

IN THE HIGH COURT OF DELHI AT NEW DELHI
CIVIL ORIGINAL (EXTRA-ORDINARY) JURISDICTION

WRIT PETITION (CIVIL) NO. OF 20__
(UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA)

IN THE MATTER OF:

1. Mr. ____________ son of _________
Resident of _________                                                    
PETITIONER

VERSUS

1. _____ Company Ltd
New Delhi                                                                    
RESPONDENT NO. 1

2. Manager Accounts
Accounts Department
____Company Ltd
New Delhi                                                                    
RESPONDENT NO. 2

3. The Chief Executive Officer
_____ Company Ltd
New Delhi                                                                    
RESPONDENT NO. 3

WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING FOR
DIRECTION OR ORDER IN THE NATURE OF PROHIBITION TO THE RESPONDENTS, PROHIBITING
THEM FROM PROCEEDING FURTHER WITH THE DISCIPLINARY PROCEEDING ON THE BASIS OF
THE ENQUIRY REPORT OF RESPONDENT NO. 2.

To,
The Hon’ble Chief Justice of High Court,
And His Companion Judges of the
Hon’ble High Court of Delhi.

The humble petition of the
Petitioner above named.

THE PETITIONER MOST RESPECTFULLY SHOWETH:

1. That the Petitioner is filing the present writ petition under article 226
of the constitution of India Praying for direction or order in the nature of
prohibition to the respondents , prohibiting them from proceeding further with
the disciplinary proceeding on the basis of the enquiry report of respondent No.
2.

 

2. That, the Petitioner was appointed as the Accounts Executive of Respondent
No.1, a Government Company, having its registered office at ___________ on
_________.

 

3. That Respondent No. 1 Company is discharging public functions and financed
by the State of _________, and is a “State” under Article 12 of the Indian
Constitution. Therefore, this petition against the Company is amenable before
this Honbl’e Court.

4. The Petitioner has served the Company as Accountant for the period of 2
years before being promoted as the Accounts Executive. The Petitioner has been a
diligent employee of the Company since the date of his appointment.

5. That, on _____, while serving as Accounts Executive, he was served with a
disciplinary notice stating his inefficiency in performance. Copy of the
disciplinary Notice is Annexed herewith and Attached as Annexure P1.

6. The enquiry into the said charges was made by the Accounts Manager of the
Company. On the basis of the report of Respondent No. 2 which was send to the
Respondent 3 a show cause notice dated _________ was sent to the Petitioner,
stating why he should not be dismissed from service. A copy of the said show
cause notice is Annexed herewith and attached as Annexure-P2.

7. That according to the Company Rules, the enquiry into the disciplinary
charges is to be only made by the third party enquiry officer. The enquiry was
made by a person not duly authorized to do so, i.e. Respondent No.2.

GROUNDS
8. That the present Writ Petition is being filed on the following, amongst
other, grounds without prejudice to each other;

i. Because the procedure adopted by the Company in initiating disciplinary
proceedings is against the Company’s rules i.e. Rule _____and regulations.

ii. Because the enquiry report of the Respondent No. 2 is not valid as he is
the Reporting Manager of the Petitioner. The Petitioner had filed Complaint to
the Management of the Company against Respondent No. 2 on ______ with corruption
allegation and siphoning of funds. So Respondent No. 2 has personal enmity to
the Petitioner due to reporting of his corruption case to the management.

iii. Because the Respondent No. 2 does not have the jurisdiction to prepare
an enquiry report as per the Company’s Rules and Regulations.

PRAYERS
In view of the facts & circumstances stated above, it is most respectfully
prayed that this Hon’ble Court may be pleased to:-

a) Issue a Writ in the nature of Prohibition to the Respondents Prohibiting
them from proceeding further with the disciplinary proceeding on the basis of
the enquiry report of Respondent No.2;

b) Any other relief, order or direction this court may deem fit and proper
under the facts and circumstances of this case.

AND FOR THIS ACT OF KINDNESS THE APPLICANT AS IN DUTY BOUND SHALL EVER PRAY.

FILED BY:

(________________)
ADVOCATE FOR THE PETITIONER

DRAWN ON:
Drawn by:

New Delhi
Date:

 

OTHER INFORMATION, DOCUMENTS TO BE ATTACHED WITH WRIT PETITION

1. Notice of motion

2. Urgent application

3. Court fee

4. Certificate

5. Synopsis & list of dates

6. Memo of parties

7. Annexure to the Petition

8. Application for exemption from filing certified copies, dim and small font
annexures with affidavit.

9. Vakalatnama on behalf of the petitioner.