Draft a writ under Article 226 of The Constitution of India against the termination of service of an employee working as a clerk grade-1 in XYZ Company Ltd. (A company wholly owned and controlled by Government of India).

IN THE HIGH COURT OF ……………….. Writ Petition No. ………….. of 20 AB s/o ………Aged about…………. Occupation Former Employee Grade-I R/O …… Petitioner VERSUS 1. XYZ Company Ltd. wholly owned and controlled by Govt. of India at …………… through its chairman. 2. Managing Director of XYZ Company Ltd. wholly owned and controlled by Govt. of Indi at…… Respondents Writ petition Under Article 226 of the Constitution of India for Issuance of Writ of Mandamus and /or any other suitable writ, order or Direction for doing Justice in the matter. The petitioner most respectfully submits as under: 1. Particulars of the order against which the petition is made (a) Date of order………………. (b) Passed by: the Managing Director of the XYZ Company Ltd. (c) Subject matter in Brief: the service of the petitioner was terminated by the respondents without giving opportunity of being heard and the petitioner came to be relieved of his duties on the same date ………….. A copy of the impugned order annexed herewith and marked as Annexure-1 2. A declaration that no proceedings on the same subject matter have been previously instituted in any court, authority or tribunal. 3. Details of the Remedies exhausted: The petitioner declares that he has availed all statutory or other remedies. 4. Delay, if any: There is no delay in filing the petition 5. Facts of the case: (i) That the petitioner was employed in the respondent company as a clerk Grade-1 on …. 2021 and become permanent on……………….. (ii) That, on reading of the impugned order it become clear that the order has been issued on the basis of some alleged misconduct on the part of the petitioner, but no inquiry has been conducted under the relevant rules before passing the impugned order. (iii) That, the petitioner has not committed any act that could be termed to be an act constituting misconduct. 6. Grounds 6.1 That the petitioner being a permanent employee of the company, his services could not be terminated without holding an inquiry under the rules applicable to the employee of the company. 6.2 That, the principles of natural justice have been contravened by the respondents in not giving to the petitioner any opportunity of being heard. 6.3 That the impugned order to termination of service of an employee having permanent status is otherwise erroneous and unsustainable as it does not contain any reason. 6.4 That the impugned order is arbitrary, illegal and discriminatory an in violation of Article 14 of the Constitution of India. 6.5 That the other grounds shall be urged at the time of hearing. Relief Prayed for: In view of the facts and circumstances, it is humbly prayed that this Hon’ble Court may be pleased to allow the petition by issuing Writ of Mandamus or any other appropriate writ, order or direction for awarding following reliefs: (a) That, the impugned order dated….. may kindly be quashed. (b) That, the respondent be directed to reinstate the petitioner in service with all the consequential benefits including back wages. (c) It is further prayed that the respondent may be burdened with costs of the petition. Place Petitioner Date Through Advocate Mr. ……………….. The writ petition must be supported by an affidavit of the petitioner.