One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.

Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.

Mr.X, a government employee in City A, approached me when his fundamental rights were violated by his department. The XYZ Government Department had terminated his services without following due process, and his representations to higher authorities yielded no results. After exhausting all departmental remedies, we decided to file a writ petition in the High Court of City A. The case involved challenging the arbitrary termination order and seeking reinstatement. Mr.X was concerned about the complex High Court procedures and the costs involved. Through proper legal strategy and understanding of High Court processes, we successfully secured relief for him within six months.

Advice in Such Cases

Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation to come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

• Gather all relevant documents including termination orders, service records, and correspondence
• Exhaust all departmental remedies before approaching High Court to show you followed proper procedure
• File the petition within the limitation period to avoid procedural complications

Applicable Sections of Law

The case primarily involves constitutional law and service law provisions. Under the Bharatiya Nyaya Sanhita (BNS), sections dealing with criminal misconduct by public servants may apply if there’s evidence of mala fide actions. The Bharatiya Nagarik Suraksha Sanhita (BNSS) provisions for investigation procedures become relevant if departmental inquiry procedures were violated. Articles 14, 16, and 226 of the Constitution provide the foundation for challenging arbitrary government actions through writ petitions in High Courts.

If You Are the Complainant

• File your writ petition with complete documentation and proper legal grounds clearly stated
• Ensure you have exhausted all alternative remedies available within the department or organization
• Submit an affidavit with complete facts and chronological sequence of events
• Pay the required court fees and follow proper formatting requirements for High Court pleadings
• Prepare for preliminary hearings and be ready to argue why urgent relief is necessary

If You Are the Victim

• Document every incident of rights violation with dates, witnesses, and supporting evidence
• Keep copies of all official communications and responses from concerned authorities
• Maintain a detailed diary of events showing the pattern of violation or harassment
• Collect witness statements and any audio-visual evidence that supports your case
• Seek interim relief through stay orders if the violation is causing immediate harm

How the Police Behave in Such Cases

In constitutional rights violation cases involving government employees, police typically maintain neutrality unless criminal elements are involved. They usually wait for High Court directions before taking action. Police may conduct investigations if the court orders inquiry into criminal misconduct by officials. However, they often prefer departmental authorities handle service-related disputes first.

FAQs People Normally Have

How long does a High Court case take? Constitutional writ petitions typically take 6 months to 2 years depending on complexity and urgency.

Can I represent myself in High Court? While legally possible, it’s highly inadvisable given the complex procedures and legal technicalities involved.

What are the costs involved? Court fees range from Rs. 1,000 to Rs. 5,000, plus advocate fees which vary significantly.

Can High Court orders be challenged? Yes, through Supreme Court appeals, but only on substantial questions of law.

What Evidence Is Required?

• Original termination or adverse order along with certified copies
• Complete service record showing unblemished career history
• Correspondence with authorities proving exhaustion of departmental remedies
• Witness statements from colleagues or supervisors supporting your position
• Expert opinions on procedural violations if technical issues are involved
• Medical records if health was affected due to harassment or stress
• Financial documents showing loss suffered due to arbitrary action

How Long Will the Investigation Take?

High Court constitutional cases typically see initial hearings within 2-4 weeks of filing. Complete resolution usually takes 6-18 months depending on case complexity, court backlog, and whether interim relief is granted. Emergency matters can get same-day hearings, while routine cases follow regular cause lists.

Advocate Sudhir Rao, Supreme Court of India