Writ Petition for Mandamus under Article 226: Updated High Court Format

IN THE HIGH COURT OF DELHI AT NEW DELHI
CIVIL WRIT JURISDICTION

W.P.(C) NO. ____ OF 20__
UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA

IN THE MATTER OF:
1. ______________________________
S/o / D/o / W/o __________________
R/o ______________________________
_________________________________ ...PETITIONER

VERSUS

1. ______________________________
[Name and complete description of authority/entity]
Through __________________________
Address __________________________ ...RESPONDENT NO. 1

2. ______________________________
[Designation/name, if necessary]
Address __________________________ ...RESPONDENT NO. 2

WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA SEEKING AN APPROPRIATE WRIT, ORDER OR DIRECTION, INCLUDING A WRIT IN THE NATURE OF CERTIORARI FOR QUASHING THE IMPUGNED TERMINATION ORDER DATED ____ AND, WHERE LEGALLY PERMISSIBLE, A WRIT IN THE NATURE OF MANDAMUS FOR REINSTATEMENT AND CONSEQUENTIAL BENEFITS

To,
The Hon'ble Chief Justice and His/Her Companion Judges of the Hon'ble High Court of Delhi.

The humble petition of the
Petitioner above named

MOST RESPECTFULLY SHOWETH:

1. The Petitioner is filing the present writ petition under Article 226 of the Constitution of India challenging the order dated ____ passed by Respondent No. ____ whereby the services of the Petitioner were terminated. The Petitioner seeks quashing of the said order and such consequential relief, including reinstatement and monetary/service benefits, as may be permissible in law.

2. The Petitioner is a citizen of India and is entitled to the protection of the Constitution and the laws applicable to the Petitioner's service/employment.

3. Respondent No. 1 is ____________________. It is amenable to the writ jurisdiction of this Hon'ble Court because ____________________ [state the statutory/public-law basis and material facts; if Article 12 is invoked, plead the relevant indicia].

4. Respondent No. 2 is ____________________ and is the competent authority responsible for ____________________ under ____________________ [service rules/statute/regulations].

5. The Petitioner was appointed as ____________________ on ____ and has served under the terms of ____________________. The relevant appointment order/service rules are annexed as ANNEXURE P-1 (COLLY.), as applicable.

6. The material facts giving rise to this petition, in chronological order, are as follows: ____________________.

7. On ____ Respondent No. ____ issued the impugned order dated ____ terminating the Petitioner's services. The Petitioner was relieved on ____. A true copy of the impugned order is annexed as ANNEXURE P-__.

8. The impugned action is challenged as unlawful because ____________________ [identify the precise statutory/service-rule violation, lack of competence, breach of mandatory procedure, arbitrariness, discrimination, or denial of natural justice, as actually applicable].

9. If the termination is founded on alleged misconduct, the Petitioner states that ____________________ [set out whether charge-sheet, notice, inquiry, opportunity of hearing, inquiry report and representation were provided, and identify the rule allegedly violated].

10. The cause of action arose within the territorial jurisdiction of this Hon'ble Court because ____________________. The material part of the cause of action arose on ____ when ____________________.

11. The Petitioner has considered the statutory/departmental remedies available under ____________________. The present petition is maintainable because ____________________ [state the case-specific basis; where an alternative remedy exists, disclose it fully and explain the legal ground relied upon for writ intervention].

12. The Petitioner has not suppressed any material fact and has approached this Hon'ble Court with clean hands.

13. No other petition seeking substantially the same relief has been filed before this Hon'ble Court or the Hon'ble Supreme Court of India, except ____________________ [if any, give complete particulars and orders].

GROUNDS

A. Because the impugned order is contrary to ____________________ [identify governing statute, rules, regulations, standing orders, appointment terms or binding policy].

B. Because the competent authority failed to comply with the mandatory procedure prescribed by ____________________.

C. Because the Petitioner was denied a fair and effective opportunity of hearing in the manner required by law, namely ____________________.

D. Because the impugned action is arbitrary/discriminatory and violates Article 14 of the Constitution of India for the following specific reasons: ____________________.

E. Because the decision is vitiated by ____________________ [lack of jurisdiction / irrelevant considerations / non-application of mind / mala fides, if properly pleaded with particulars / violation of binding rules].

F. Because the Petitioner is entitled to such consequential service and monetary benefits as follow in law from setting aside the impugned action, subject to the governing statutory framework and judicial determination.

INTERIM RELIEF, IF SOUGHT

Pending final disposal of the present petition, the Petitioner respectfully seeks ____________________. The Petitioner states the facts establishing a prima facie case, balance of convenience and irreparable prejudice as follows: ____________________.

PRAYER

In view of the facts and grounds stated above, it is most respectfully prayed that this Hon'ble Court may be pleased to:

a) issue an appropriate writ, order or direction, including a writ in the nature of certiorari, quashing the impugned order dated ____ passed by Respondent No. ____;

b) where legally permissible, issue an appropriate writ, order or direction, including a writ in the nature of mandamus, directing the Respondents to reinstate/restore the Petitioner with such continuity of service, back wages and consequential benefits as this Hon'ble Court may determine in accordance with law;

c) award costs of the proceedings in favour of the Petitioner; and

d) pass any other or further order(s) as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.

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

FILED BY:

(__________________)
ADVOCATE FOR THE PETITIONER

Drawn on: ____
Drawn by: ____
New Delhi
Date: ____

VERIFICATION / AFFIDAVIT: Add the verification and supporting affidavit in the form required by the applicable High Court Rules and practice directions.