WRIT OF PROHIBITION
IN THE HON’BLE HIGH COURT OF JUDICATURE AT_________
(Original Civil Jurisdiction)
Writ Petition No_________. of _________20 _________
AA. son of _________resident of _________ Petitioner.
Versus
1. State of _________
2. BB, Inspector-General of Police _________
3. CC., Inspector of Police _________ Respondents.
Petition under Article 226 of the Constitution for the issue of a writ of prohibition.
To
The Hon’ble the Chief Justice and his companion Judges of the Hon’ble High Court.
The above named Petitioner begs to submit as under :
1. That he was appointed a Sub-Inspector of Police in the State of _________on _________
2. That he served the State in various capacities, to wit as _________. in _________at _________and as _________in _________at_________
3. That while he was stationed at _________and serving as _________, he was served with a charge-sheet dated _________a copy whereof is filed herewith.
4. That enquiry into the said charges was made by Respondent No. 3 from _________to _________who submitted a report dated _________to Respondent No. 2 finding the charges mentioned in the charge-sheet above-mentioned to be proved.
5. That according to Rule _________of _________the charges aforementioned could not be enquired into except by an officer of the rank of Superintendent of Police of _________Division or with the approval of Respondent No. 2 of another Division in the State of _________
6. That on _________the Petitioner received a notice from Respondent No. 2 to show cause why he should not be dismissed from service.
7. That the aforesaid enquiry was illegal and ultra vires. Respondent No. 2 had no jurisdiction to take into consideration the said enquiry or pass any order on the basis thereof. The so-called inquiry was held by a person not duly authorised to do so.
8. The holding of a departmental inquiry by a Superintendent of Police is a condition precedent, a fact which must exist before Respondent No. 2 can assume jurisdiction or authority for the purpose of passing the final order of dismissal under Rule _________of _________ against the Petitioner.
It is therefore, most respectfully prayed that a writ direction or order in the nature of prohibition be issued to the respondents prohibiting them from proceeding further with the disciplinary proceedings on the basis of the enquiry report of Respondent No. 3.
dated _________
_________
_________ (Petitioner)
(Advocate for the Petitioner.)
