IN THE HIGH COURT OF JUDICATURE OF ………………AT ………………..
Contempt Case No. ……………
In
W. P. No. ……………….
Between:-
A.B. …Petitioners
And
C.D. …Respondent
Affidavit of ist petitioner herein
I, …………………………………, S/o. ……………………………………………, an adult Indian inhabitant, field-men, ……………………….., District………………………………………., do hereby solemnly affirm and state as follows:-
1. I am the first petitioner herein and as such I am well acquainted wi th the facts of the case. I am swearing this affidavit on behalf of petitioners 2 and 3 also since I am authorised to do so.
2. I further submit that I was appointed as weigh bridge clerk on ………………….……….. and the petitioners 2 and 3 were appointed as NMR’s on …………………………………….. and ……………………………… respectively on a consolidated pay. And thus we have transacting our duties as such without any remarks whatsoever. We also submit that we are entitled to be posted as fieldmen in as much as we are having sufficiently long service and the respondent on consideration of the recommendations made by the Chief Agricultural Officer had considered all the aspects and after due consideration issued proceedings, dated ……………………….. by virtue of which we are posted as fieldmen at ………………….…………… Circle, …………………………… Circle, and ……………………..………………. Circle respectively on certain conditions. And in pursuance of the said orders we have reported to our respective duties and we have joined as fieldmen and we have been functioning as fieldmen as on today from the aforesaid date onwards. We also further submit that to our surprise we came to know that of the instance of certain of the employees in the factory and due to procedure from the union the respondent without affording an opportunity and without giving any notice or reasonable opportunity to us appears to have passed an order immediately on the next day i.e., on ………………..……………. cancelling the earlier orders as fieldmen without assigning any reasons.
3. I further submit that in fact the said order is not communicated to us even to this day and we are not present continuing as fieldmen in our respective posts. We also submit that the order, dated …………….. is totally arbitrary, illegal and unconstitutional, being violative of Articles 14, 16 and 21 of the Constitution of India. Since no reasonable opportunity was given and further the order does not disclose any reasons much less valid reasons for cancelling the earlier orders.
4. I further submit that the said order is bad for non-application of mind and in as much as it is vague, order passed in violation of Principles of Natural Justice also. In the said circumstances if we are reverted without assigning any reasons we will be put to serious loss and in the said circumstances we are entitled to be continued as fieldmen in our respective posts unless and until the proper procedure is followed and the orders all made in accordance with law if any.
5. We also submit, we are also qualified and eligible to be appointed as field men. We also further submit that several others like …………………….., ………………… who are promoted along with us are being continued and thus the action is discreminatory. Certain persons like ………………….., field men and ………………………, …………………, ………………., …………………. and ………………… who are all juniors to us had been promoted but we are being discriminated. In the said circumstances we filed W.P. No. ……….. on the file of this Hon’ble Court and obtained an order of stay of operation of the impugned proceedings in W.P.M.P. No. …………… on …………….. which was subsequently extended until further orders.
6. We also submit that inspite of the interim orders of this Hon’ble Court the respondent is not implementing the orders on a false plea that we had not reported to duty as field men. But in fact we had reported to duty and the joining reports are available with the respondent office. But for reasons best known the respondent is suppressing the same.
7. We also further submit that in as much as the respondent had deliberately and intentionally violated the interim orders of this Hon’ble Court. We issued notice on …………………….……….. calling upon the respondent to implement the orders of this Hon’ble Court. But the respondent gave a reply on ……………………………. making certain false and untenable allegations. The contention of the respondent that we have not joined duty as fieldmen is totally untenable. In fact we also submit that we joined duties as fieldmen as on ………………………….…. and on the same day the Chief Agricultural Officer, the controlling authority had endorsed our reports duly signed by him and they were forwarded to managing director. The copies of the same are herewith filed for the perusal of this Hon’ble Court. Thus the respondent had deliberately and intentionally violated the orders of this Hon’ble Court, dated ……………..……….. subsequently intended on ………….. and further extended until further orders on …………………………. and hence the respondent is liable to be punished for the intentional and deliberate violation of the orders of this Hon’ble Court.
It is therefore prayed that this Hon’ble Court may be pleased to hold an enquiry and punish the respondent for violating the orders of this Hon’ble Court in W.P.M.P. No. …………………….…. in W.P. No. ……………….………….., dated ……………….……….. and also direct the respondent to implement the orders forth with and pass such other order or orders as this Hon’ble Court may deem fit and proper in the interest of justice.
Solemnly affirm and signed before me on the ………….. day of …………… at ……………
Place :
Dated:
Deponent
Before me
Advocate ………………
MEMORANDUM OF CONTEMPT PETITION
[Under Sections 10 and 12 of the Contempt of Courts Act]
IN THE HIGH COURT OF JUDICATURE
OF ……………… AT ……………
Contempt Case No. …………….
In
W.P. No. ………………..
Between.–
A.B. ….Petitioners
And
C.D. …Respondent
For the reasons stated in the accompanying affidavit the petitioner prays that this Hon’ble Court may be pleased to hold an enquiry and punish the respondent for violating the orders of this Hon’ble Court in W.P.M.P. No. ……………………………………… in W.P. No. …………………………., dated ………………………… and also direct the respondent to implement the orders forthwith and pass such other order or orders as this Hon’ble Court may deem fit and proper in the interest of justice.
Place:
Dated:
Advocate for the petitioner.
MEMORANDUM OF CIVIL PETITION :
MISCELLANEOUS PETITION
[Under Section 151 of C.P.C.]
IN THE HIGH COURT OF JUDICATURE OF ………………
AT ………………
C.A. No. ……………….
in
C.C. No. ………………
in
W.P. No. ……………….
Between:-
A.B. …Petitioners
And
C.D. …Respondent
For the reasons stated in the accompanying affidavit the petitioner prayed that this Hon’ble Court may be pleased to direct the respondent to implement the orders forthwith in W.P.M.P. No. …………………….. in W.P. No. …………………….…….., dated ……………………………….. and pass such other order or orders as this Hon’ble Court may deem fit and proper in the interest of justice.
Place:
Dated:
Advocate for the petitioner.