1. IN THE SUPREME COURT OF INDIA
ORIGINAL JURISDICTION
CIVIL WRIT PETITON NO. OF 2016
IN THE MATTER OF:
Om Prakash …………..PETITIONER
VERSUS
Indian Drugs & Pharmaceuticals Ltd ….RESPONDENT
POSITION OF THE PARITES
BEFORE THE CIVIL COURT OF Ld. MS KIRAN GUPTA, SCJ
PATIALA HOUSE COURT AT NEW DELHI BEFORE THIS COURT
BETWEEN
Om Prakash ………….PETITIONER
S/O Late Sh Deep Narayan Poddar
R/O RZF-893, Netaji Sbhash Marg
Raj Nagar Part-2, Palam Colony
New Delhi-110077
VERSUES
1. IDPL Govt of India ….RESPONDENT No.01

2. Through
Shri Praveen Kumar
C&MD, Indian Drugs &
Pharmaceuticals Ltd, H.O.
Scope Complex, Core-6, 1st
Floor
7 Lodhi Road, New Delhi-110003
2.Shri R.L.Sharma ….RESPONDENT No.02
Personnel Manager, Indian Drugs &
Pharmaceuticals Ltd, H.O.
Scope Complex, Core-6, 1st
Floor
7 Lodhi Road, New Delhi-110003
3. Shri A.K.Karn ….RESPONDENT No.03
Under Secretary,
Ministry of Chemicals & Fertilizers
Department of Pharmaceuticals
Section Officer-PI-IV
Shastri Bhawan, New Delhi-110001
PETITION UNDER ARTICLE 32 OF THE CONSTITUTION OF
INDIA FOR ISSUANCE OF A WRIT IN THE NATURE OF
MANDAMUS OR PROHIBITION OR CERTIORARI OR ANY OTHER
APPROPRIATE WRIT FOR ENFORCEMENT OF ARTICLE 14, 15
and 21 OF THE CONSTITUTIION OF INDIA.
To

3. Hon'ble the Chief Justice of India and His
Lordship's Companion Justices of the
Supreme Court of India. The Humble
petition of the Petitioner abovenamed.
MOST RESPECTFULLY SHEWETH:
1. That the petitioner in person has
filed a suit vide case no. 201 of 2015 titled
as Om Prakash Vs Indian Drugs Pharmaceuticals
Ltd, before the court of Ld. Senior Civil
Judge, Ms. Kiran Gupta, Court No.14, Patiala
House Court at New Delhi on 02.07.2015 against
Indian Drugs Pharmaceuticals Ltd, Department of
Pharmaceuticals, Ministry of Chemical &
Fertilizers, Government of India. The suit is
against an illegal termination of service of
the petitioner dated 08.12.2014 violating the
principles of natural justice by Chairman &
Managing Director, Mr. Praveen Kumar, an IDAS
(Indian Defense Account Service) who is on
deputation with Indian Drugs Pharmaceuticals
Ltd for decree of reinstatement with full back
wages declaring the termination void, u/s 15,
73, 74 & 75 of Indian Contract Act 1872.
2. That the crux of the whole

4. petition is the increasing magnitude of the
contractual white color employees due to
Government Policy in the present market
scenario in absence of any specific legislation
which governs the employment and working
conditions of white color workers which makes
them vulnerable in the hands of Power elite is
the thrust area of the petition.
3. That this petition is in
continuation of his previous court complaint
dated 09.11.2015 and Writ petition in letter
form dated 26.12.2015.
4. That the petitioner has filed an
application to return the plaint for complying
with the requirements under Section 80 (1) of
CPC under Order VII Rule 10 Subject to
provision 10-A under sub-rule (2) with a
permission and liberty to file the present suit
before the appropriate jurisdiction within 90
days dated 14.12.2015. A copy of application
dated 14.12.2015 under Order VII Rule 10 is
annexed herein as Annexure P-1. (Page
from……………….to…………………)

5. 5. That the respondent and Ld. Judge
both are mounting pressure over petitioner to
withdraw the petition, dictating to invoke
Article 226 instead of Article 32, pressurizing
to transfer the petition to Delhi High Court,
emphasizing to amend the para 1, 2 and 3 of the
application, which are against the respondent and
the Ld. court on the subsequent dates of hearing
dated 16.12.2015, 19.12.2015 and 08.01.2016.
Counsels on behalf of the Respondents, Mr. Pankaj
Aggarwal and Ms Sushma Singh categorially warned
the Ld. Judge in front of the petitioner not to
allow the application without withdrawal of para
1, 2 and 3 from the application, otherwise all
three would be trapped badly i.e. Judicial Staff,
Ld. Judge and counsels on behalf of the
respondents No. 01 and 02.
6.That this petition had come with a cause of
action against the arbitrary and discriminatory
action of state which has ignored and set aside
the Audi Alterm Partum Rule, which violates
Article 14 interlinked with Article 21 and
Article 15 of constitution of India.
7.That the petitioner is a contractual white-
collar employee and management of IDPL has not

6. let him to discharge his duties and terminated
his contract within one month without payment
of single penny. His contract period is
continuing from 21.05.2014 to 21.05.2017. In
the absence of any specific statue or
principles governing employment of white-collar
workers except the basic provisions applicable
under the Indian Contract Act, 1872 and
judicial precedents, regarding the legality and
sanctity of the contractual termination
provisions, petitioner moved to Patiala House
court on 02.07.2015 after exploring the
internal available remedies through
Administrative reform mechanisms.
8.That the petition was marked to Ld. District
Judge however the filing counter asked the
petitioner to mark it to Ld. SCJ and come after
one day because maintainability of the suit is
questionable, hence required another one day
for assessment.
9.That the petitioner appeared before the Ld. SCJ
Kiran Gupta at 14:00 PM on the next day dated
03.07.2015. After hearing at length, the
petitioner was informed that the suit is
maintainable in this court, hence suit was

7. instituted.
10. That the Ld. court has deliberately
exempted and not served the court summon/Notice
to the Respondent No.03 Department of
Pharmaceutical, Ministry of Chemical &
Fertilizers, Government of India, who happened
to be the direct administrative controller of
Indian Drugs Pharmaceuticals Ltd.
11. That the suit should have been returned in
July 2015 itself, if the Hon’ble Patiala House
court had no jurisdiction to try this nature of
suit.
12. That this suit is interlinked with the
previous case of the petitioner which he has
fought against the mastermind of Mr. S.B.Sinha
(Retd Chief Justice of Delhi High Court and
Retd Justice of Supreme court of India) and
against whom he has filed three SLP(C)
N0.9854/2012, SLP(C) N0. 9483/2013 and SLP(C)
N0. 19073/2013 before the Hon’ble Supreme Court
of India.
13. That the petitioner has been

8. denied access to the services of legal aid at
all the three levels of legal aid institutions
in India. (i) True copy of CIC order dated
25.09.2014 vide CIC/SS/A/2013/901846-SA, (ii)
True copy of letter vide No. A-60011(3)/1/2014-
Admin. III/LAP (JUS), Ministry of Law &
Justice, Department of Justice dated 13.04.2015
to the Member Secretary, National Legal Service
Authority (NALSA) (iii) True copy of letter
from National Legal Service Authority (NALSA)
vide Dy.No.492(a)/NALSA/LA-2015/1166dated
13.05.2015 to the Secretary, Supreme Court
Legal Service Committee, vide
Dy.No.492(b)/NALSA/LA-2015/1156 dated
13.05.2015 to the Secretary, Delhi High Court
Legal Service Committee and vide
Dy.No.492(c)/NALSA/LA-2015/1159dated 13.05.2015
to the Member Secretary, Delhi State Legal
Services Authority are annexed herein as
Annexure P(Colly)-2. (Page from……………..to…………….)
14. That the respondent belongs to the
lobby/group/network of Mr. S.B. Sinha (Retd
Chief Justice of Delhi High Court and Retd
Justice of Supreme court of India), who is
mastermind behind destroying the life of the
petitioner. He is still consistently offending

9. the petitioner and not letting him to live and
settle down peacefully. Mr. S.B. Sinha and his
associates are taking the help of Government
machinery and misusing it against offending the
petitioner & his old age mother in Bihar as
well as in New Delhi.
15. That Mr. S.B. Sinha and his associates are
offending at personal bank A/C of petitioner’s
mother in SBI, ADB Sonaili Bazar, katihar,
Bihar, offending at LPG Connection agency of
petitioner to hack the confidential data as it
is Aadhar linked with bank A/C of the
petitioner in Delhi, offending at personal
property of petitioner’s mother in Bihar,
offended at petitioner’s father who ultimately
died untimely, offending at petitioner’s
job/service in New Delhi, chasing the
petitioner since 12 years from Bihar to New
Delhi, creating panic amongst neighbors,
friends and relatives of the petitioner with
whom petitioner is trying to establish
relationships to settle down, always keep on
tracking the movement of the petitioner and his
mother etc. In brief, off the record, he is
consistently involved in misusing the network
of Government machinery with his wrong

10. influence and manifesting Mafia raj,
consistently crushing the petitioner and his
mother mentally, they are involved in criminal
conspiracy against the petitioner and his
mother to kill them with an ulterior motive to
usurp the property of the petitioner, as the
petitioner is now left with one member in his
family i.e. ailing mother only.
16. That the petitioner even after
getting Judgment on 23.07.2013 by the Hon’ble
High Curt of Delhi with the help of Hon’ble
Supreme Court of India could not come out of
the curse of heinous crime committed by Mr.
S.B.Sinha and his associates every day.
Petitioner is vulnerable common man therefore
has become their soft target.
17. That the life and liberty of the
petitioner is at stake and being detained at
(rented accommodation) home without livelihood
because he cannot take gainful employment
during the continuation of his employment
contract period and during the pendency of his
case. Hence, petitioner is reeling under
criminal conspiracy of respondent who are
mounting pressure to withdraw or amend the

11. present application under Order VII Rule 10.
18. That moving under the Article 32
itself is a fundamental right of the
petitioner. Hence, illegal detention by the Ld.
court below in the garb of under consideration
and extending dates after date and mounting
pressure over the vulnerable petitioner to
derail from Article 32 to Article 226 and
withdraw to amend the present application
infringes the fundamental rights of the
petitioner.
-:PRAYER:-
In the above premises, it is prayed that this
Hon'ble Court may be pleased:
(i) to issue appropriate writ against such
offence, repeatedly committed by the
power elite against the vulnerable
common man and may issue appropriate
direction to dispose of the
application under order VII Rule 10
pending before Ld. Patiala House
Court, New Delhi and ensure the right
of the petitioner to invoke its
jurisdiction under Article 32 of the

12. constitution of India for enforcement
of the Fundamental Rights under
Articles 14, 15 and 21 of the
petitioner.
(ii) to pass such other orders and further
orders as may be deemed necessary on
the facts and in the circumstances of
the case.
FOR WHICH ACT OF KINDNESS, THE
PETITIONER SHALL AS INDUTY BOUND, EVER
PRAY.
DRAWN & FILED BY:
PETITIONER IN PERSON
OM PRAKASH
NEW DELHI:
FILED ON : 09.01.2016