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

(Special Original Jurisdiction)
W.P. No. …………. of …………

Between :

A.B. … Petitioner

And

C.D. … Respondent

Affidavit filed on behalf of the Petitioner

I, Sri. ………………………………………………………..….,
S/o. …………………………………………………………,
Religion…………………,
aged about …..…. years,
occupation …………………………………………………,
Depot ………………………………………..…………
having come down to ………………………………………….
Temporarily for this purpose do hereby solemnly affirm and state as follows :-

1. I am the petitioner herein and I am working as ………………………………………………….………………… in ………………………………………………………….……… and I have been always discharging my duties without any remark whatsoever all along.

2. I further submit that the Ist responde0nt passed final Order dated ………………
in No. ……………..,,………….. on the basis of an inquiry and report submitted by Respondent No. ……………

3. I also submit that on dated ………………………………. the Ist respondent served a charge sheet on me levelling the following charges :

“1. For having driven the vehicle No. …………………………..
on route …………………………………..………..
to …………………………………………………..…… viz …………………………………………… on ……………………. dated …………….…..
in a rash and negligent manner as a result of which accident occurred with other vehicle No. ……………………………………………… which was stopped near …………………….…. turning due to brake failure, which constitutes mis-conduct under ……………………………. Regulation …………………………….

2. For having caused severe damages to both the vehicles causing much loss to the corporation which constitutes misconduct under …………………………….. Regulation ……………..

I was called upon to submit my explanation and I submitted my explanation on …………. Though I had explained in detail how I am not at all responsible for the alleged accident, the Ist respondent served a show cause notice dated …………………… on me and on ………………….………. I had submitted my explanation. In fact I had stated how I cannot be held responsible for the charges levelled against me. I had explained in my explanation as follows —

“1. In this connection, I submit that I never committed any accident or damage voluntarily.”

I submit that I was on duty in Bus No. …………..………. on …………….… to ……………………..……… service on …………………………… while I was coming from ……………………………….………….. I observed all traffic regulations. I stopped the vehicle at the blind turning and then proceeded towards ……………………………..……… While I was about to take a turn near ……………………………………… temple in the .…………………………….…… Road …………………………… to ………………….……, I noticed a Bus No. ………………………… kept on the middle of the road, without any caution to the vehicles coming behind. Immediately, I applied the brakes. As the pedal (Brake pedal) of the bus was hard and on account of heavy load in the bus, it gave a jerk and the bus came into contact with the Vehicle No. ……………………….… On account of the said contact, Vehicle No. ……………………. and Bus No. …….……….. got slight damage. I immediately brought the said fact to the notice of the Traffic Inspector Sri ……..…………. He came to the spot and drew a sketch, and released both the vehicles. Thereafter, the traffic jam was cleared. Then I resumed my duties exchanged the passengers on the instructions of the Senior Traffic Inspector into another bus and also kept the Bus No. ……………..…. in the garage. Thereupon, I was allotted duties on Bus No. ………………… on the said day and I did my duties. I submit that I did not commit any accident voluntarily, but the said damages were caused only due to an act of God and due to the inadequate steps taken by the driver of the Vehicle No. ………….

2. I submit that, I was unnecessarily given a charge sheet bearing No. ……………………………….. dated ………………….. framing two specific charges on the basis of report dated ………………………. of the Senior Traffic Inspector, ………………………………., I offered my explanation dated …………… denying the allegations and the specific charges, with the material available at my disposal. Thereafter, no enquiry was conducted summoning the eyewitnesses to speak about the truth in the allegations. Practically no evidence is secured to prove the charges. But, the Depot Manager, without ascertaining the facts, came to the conclusion as if the charges levelled against me have been proved warranting to impose three kinds of punishment, which is not lawful.

3. I submit that in order to offer my detailed explanation to the show cause notice No. ………. dated …………………..…….. I need the attested copies of the following records –

(a) Copy of report dated ……………………… of the Senior Traffic Inspector,….……………… Station, together with the sketch of the accident spot and other statements appended to the said report and submitted to the Depot Manager.

(b) Copy of the statements of the eyewitnesses who reported against me alleging any rash and negligent driving of Bus No. ……………….……… on ……………….

(c) Copy of record showing the authority to award three kinds of punishments:

(i) to defer the periodical increment for a period of two years with cumulative effect ;

(ii) to effect punishment for postponing future increment ;

(iii) to impose recovery of Rs. ……………..….. when only a punishment is required to be awarded for good and sufficient reasons for an alleged offence.

(d) Copy of the Enquiry report, if any, submitted by any enquiry officer together with copies of statements in support of such report.

4. I also submit that I may be permitted to offer my explanation to the show cause notice, within seven days from date of receipt of the aforesaid copies of records.”

5. I further submit that on the basis of some report submitted by Respondent No. 2 without following the procedure or affording me opportunity as per law and violating the principles of natural Justice, Respondent No. 1 had made an order on ………………… inflecting a penalty of deduction of Rs. ……………… and also deferring my annual increment which falls next due for a period of two years with cumulative effect. The said order is illegal and one passed without jurisdiction and is in violation of Principles of Natural Justice and rules for the following reasons:-

(a) The Ist respondent is not the appointing authority and hence he is not the competent authority to inflict any punishment and hence the order is wholly without jurisdiction.

(b) The Ist respondent passed a non-speaking order as though I had not submitted any explanation though in fact my explanation had been submitted.

(c) The respondents also failed to furnish the records which I had demanded for submitted my complete and proper explanation.

(d) The non-furnishing of such records is in violation of Rule 12(5) of C.C. & A. Regulations.

(e) The 2nd respondent had not given an opportunity to me to cross examine the witness examined and this aspect had violated the whole enquiry. It is in violation of Regulation ………….……

(f) The enquiry was not conducted either in accordance with the rules or atleast in accordance with the principles of natural justice.

6. I further state that I have no other effective alternative remedy and since the order itself is an illegal one and is liable to set aside for the above reasons. I have no other option except to invoke the extraordinary jurisdiction of this Honourable Court under Article 226 of the Constitution of India. I had not filed any other suit or other proceedings questioning the impugned order.

7. It is therefore prayed that this Hon’ble Court may be pleased to issue an appropriate writ or direction quashing the order made by Respondent No. 1 in …………… dated ………… and directing the respondents to follow the procedure while conducting enquiry as per rules and regulations and then make an enquiry report etc., and pass such other suitable orders, and pass such other order or orders as this Honourable Court may deem fit and proper in the circumstances of the case.

Solemnly affirmed at ….…………..
on this the ………….. of …………
and he signed in my presence at ……………..

Advocate : …………………

 

 

 

 

 

 

 

 

 

MEMORANDUM OF WRIT PETITION
(Under Article 226 of Constitution of India)
IN THE HIGH COURT OF JUDICATURE OF …………………
AT ………………….
(Special Original Jurisdiction)
W. P. No. …………. of …………..

Between :

A.B. … Petitioner

And

C.D. … Respondent

The address and all notices of the above named petitioner of his counsel Sri. ….……………….. advocate, Plot No. ……………….

For the reasons stated in the accompanying affidavit, that the petitioner herein prays that this Honourable Court may be pleased to issue an appropriate writ or direction quashing the order made by Respondent No. ………. dated ……… and directing the respondents to follow the procedure while conducting enquiry as per rules and regulations and then make an enquiry report etc., and pass such other suitable orders.

Place : …………

Dated : …………
Advocate for Petitioner

 

MEMORANDUM OF WRIT MISC. PETITION
(Under Section 151 CPC)
IN THE HIGH COURT OF JUDICATURE OF ………………..
AT ………………….
W.P. M.P. No. ………… of …………
In
W.P. No. ………….. of ………..
Between :

A.B. … Petitioner
And

C.D. … Respondent

For the Reasons stated in the Affidavit filed in support of the writ petition, that the petitioner herein prays that this Hon’ble Court may be pleased to direct the respondents herein to follow the procedure while conducting enquiry as per rules and regulations and then make an enquiry report etc., and suspend the operation of the order dated …………………..…
in No………………… ………… of the 1st respondent, pending disposal of the above writ petition and pass such other order or orders.

Place : …………

Dated : …………
Advocate for Petitioner