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

C.C. No. ………….. of 20…….

In

W.P.M.P. No. ………. of 20…….
In

W.P. No. ……….. of 20………

Between:-

A.B. …Petitioner

And

C.D. …Respondents

                                            Affidavit of the petitioner herein

I, ………………………………………………., S/o. …………………………….……………., an adult Indian inhabitant, Incharge Assistant Engineer, ………………………………….…….. Urban Development Housing Corporation, …………………………………. Municipality, ……………..……………. 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 also the petitioner in the above writ petition and as such I am well acquainted with the facts of the case.

2. I submit that I was initially appointed as Work Inspector by the Ist respondent in the above writ petition on ………………………….. on a consolidated pay of Rs. ………….………… per month and I was posted at …………………………… State Housing Corporation, ………………..……………….. It is submitted that subsequent thereto, I was deputed to ……………………………….…………….. State Urban Development & Housing Corporation, …………………..…………….. on ……………………….…. as Work Inspector and subsequent thereto my services were regularised with effect from ……………………………………

3. I further submit that I had been working as work Inspector without any adverse remarks whatsoever and in view of my seniority, sincerity and hardwork, the 1st respondent had given me recording power keeping me as Incharge Assistant Engineer from ………………. onwards. I submit that from the said time onwards I have been discharging my duties as Incharge Assistant Engineer even to this day. I further submit that in ……………..………………. Municipality there is ample work load and hence my services and my continuance as Incharge Assistant Engineer is very essential. I further submit that the 2nd respondent by virtue of the proceedings, dated ………………………………….. had repatriated me as work Inspector, and I questioned the same by filing W.P.No. …………………………. on the file of this Hon’ble Court and this Hon’ble Court was pleased to suspend the operation of the said proceedings in W.P.H.P. No. ………………………, on ……………….

4. I submit that I filed W.P. No. ………………………..……. praying for quashing of the order, dt…………… ………… issued by the 1st respondent transferring me and posting me as Work Inspector and the said order was suspended in W.P.M.P. No. …………………………… and the said interim suspension is in force. I submit that several of my juniors who are having less experience are also being continued. I submit that I obtained interim suspension on ……………………………… and hence the respondents are bound to continue me as Incharge Assistant Engineer at ………………………………., I submit that I made a representation on ……………………………………. to the 1st respondent submitting the copies to the 2nd respondent and also to the other concerned requesting them to continue me as Incharge Assistant Engineer. I submit that inspite of the interim suspension against the 1st respondent at the instance of the 2nd respondent had passed an order, dt. ………………….……. transferring me as Work Inspector to …………….. Thus the respondents have clearly violated the Order, date. ………… passed by this Hon’ble Court in W.P.M.P. No. ………………..………….. in W.P. No. ……………………….….. I submit that the respondents are not even paying the salary from the date of the interim order passed by this Hon’ble Court. At any rate as per the interim orders of this Hon’ble Court, I am entitled to be continued as Incharge Assistant Engineer at …………………………………… Municipality and I am also entitled to receive the salaries. The respondents are bound to continue me at ………………………….……. Municipality and are also bound to pay my salaries. Therefore there is a clear violation of the orders of this Hon’ble Court.

5. I submit that the respondents are having scant respect for this Hon’ble Court and the same is exhibited by not implementing the clear and categorical orders of this Hon’ble Court, date. …………………… in W.P.M.P. No………………. ………… of 20……………………. in W.P. No. ……..……… of 20…….

6. I further submit that thus the inaction on the part of the respondents in ignoring the mandatory orders of this Hon’ble Court, dt. …………………………… in W.P.M.P. No. ……………………….. of 20….…… in W.P. No……………………. of 20……………….… and not continuing me as Incharge Assistant Engineer at ………………. Municipality and transferring me again on ………………..….. and also not paying my salaries is highly contemptious. The respondents are showing scant respect for the mandatory orders of this Hon’ble Court. Thus there is a violation of the orders of this Hon’ble Court, dt……………..……………. in W.P.M.P. No………………………………… in W.P. No. ………………………………. and are liable to be punishable under Sections 10 to 12 of the Contempt of Courts’ Act.

It is therefore prayed in the interests of Justice, that this Hon’ble Court may be pleased to summon the respondents and punish them for wilfully violating the orders of this Hon’ble Court in W.P.M.P. No. ……………………..………… in W.P. No. ……………..……., dt. ……………………….. 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.

Solemnly affirmed at ……………., on this the ………… day of …………….. and signed his name in my presence.

Place:

Dated:
Deponent
Before me
Advocate …………….

 

MEMORANDUM OF CONTEMPT CASE
[Under Sections 10 to 12 of Contempt of Courts Act]
IN THE HIGH COURT OF JUDICATURE OF …………….
AT ………………

C.C. No. ……… of 20…….

In

W.P.M.. No. ………. of 20……

In

W.P. No. ……… of 20……..

Between:

A.B. …Petitioner

And

C.D. …Respondents

The address for service of all notices, summons, and processes on the above named petitioner is that of his Counsel M/s. …………………………..………………, and ……………….., Advocates, High Court, R/o. …………………., …………………, ………………

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 summon the respondents herein and punish them for wilfully violating the orders of this Hon’ble Court in W.P.M.P. No. …………………..……. of 20………….…. in W.P. No. ………………….…….. of 20……….….., dated ………………………… under Sections 10 to 12 of the Contempt of Courts’ Act, 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.