How To File Writ Petition Against Departmental Enquiry?

Departmental inquiry is an essential component of administrative procedures because it guarantees responsibility and adherence to rules and regulations within the company. However, there are many instances in which people may feel that the proceedings are unfair to them and are biased. A writ petition can be submitted in these kinds of circumstances to seek legal recourse.

What is Departmental Enquiry?

• The purpose of the departmental enquiry is to determine whether the employee is fit to be kept on staff, and the purpose of the court trial is to determine whether the elements of the offense have been proven to be sufficient for a conviction.
• The prosecution is required to substantiate the claims made against the employee in a departmental investigation. The employee has the burden of substantiating the details of his version of events.

Writ of Mandamus

• A writ of mandamus is an order from a judge, granted at the request of a petitioner, requiring someone to carry out an action for which they are legally responsible. A writ may also be issued when a higher court’s authority is needed to compel a lower court or government organization to fulfil its legal obligations or stop abusing its discretion.
• The party asking for the enforcement of a writ of mandamus must be able to demonstrate that they are legally entitled to order the respondent to perform the specific act or abstain from performing it.

Writ Petition against Departmental Enquiry: Grounds to File it

Writ of Mandamus is a remedial writ that cannot be referred to as a writ of right because it is only granted at the court’s discretion following the petitioner’s successful presentation of evidence that the writ would address a fair or utilitarian issue.

The primary grounds for issuing a writ petition against departmental enquiry are as follows:

• The petitioner of the writ has a legally recognized right, which has been infringed upon or compromised.
• An applicant’s rights may be infringed upon by a public authority in the following ways:

1. Outside the bounds of their office’s duties and authority
2. Inability or unwillingness to act in a way that complies with the law when using their authority.
3. Refusal to perform statutory duties by a public official or authority.
4. A flagrant disdain for or transgression of natural justice principles.

Writ Petition against Departmental Enquiry: Procedure to File

The procedure to file a writ petition against departmental enquiry is as follows:

• Attach Supporting Documents: Provide all pertinent records, affidavits, and proof that bolsters the petitioner’s allegations. These records are essential to supporting the case against departmental enquiry. An affidavit attesting to its authenticity must be provided and signed in order for the petition process to be completed. It should be signed by the petitioner or by their designated representative. 
• Filing the Writ Petition: With the assistance of a legal counsel, pay the required filing fees and follow the guidelines when drafting and submitting the writ petition against departmental enquiry to the court. Please make sure that the submitted document complies with all procedural requirements set forth by the court. By doing this, you can make sure that your case is handled effectively and that your submission is accepted.
• Serving the Notice: The court may notify the respondents about the writ petition against departmental enquiry by sending them notices following filing. Respondents are given the chance to state their position.
• Hearing: To hear from both parties, review the evidence, and issue any necessary temporary orders or directives, the court will set up a hearing.
• Judgment: The court will then render a decision in accordance with the arguments made and relevant legal precepts.

Writ Petition against Departmental Enquiry: Format

The format of the writ petition against departmental enquiry is provided below:

For any type of legal assistance, one can talk to lawyer from Lead India. Lead India provides free online legal advice in India. With Lead India, one can ask free online questions of the experts in addition to getting free legal advice.