AI Structured Summary
Not yet generated for this judgment
Judgment
Sanjib Banerjee, CJ
The applicant seeks leave to prefer an appeal against an order dated May 25, 2022 by which a petition under Article 226 of the Constitution was disposed of. The would-be appellant submits that the relevant order seriously prejudices her, though she was neither a party to the proceedings nor was otherwise given any notice thereof.
By the order dated May 25, 2022, the writ petition has been allowed by recording that the parties to the proceedings accepted the findings of an inquiry. The inquiry report provided for recovery of some money. The finding in the report pertaining to the recovery was endorsed at paragraph 3 of the order dated May 25, 2022 in the following terms:
“3. In view of the findings as recorded, this Court as also the parties present accepts the same. As recorded therein, a payment of Rs. 1,02,465/- (Rupees one lakh, two thousand, four hundred and sixty-five) only had been paid to the personal account of one Smti. Sheikh Moushomiara Begum, a non-sanctioned teacher by the then Joint District Mission Coordinator (DMC), Dadenggre, Smti. Ella Begum Lasker. It appears, as per official instructions issued by the State Government, Education Department dated 16-01-2022, which is also enclosed in the said enquiry report as Annexure ‘M’ and ‘N’, in such instances, the amount so paid shall be recovered from the said official.”
The applicant is the non-sanctioned teacher named above. Since the order dated May 25, 2022 prejudices or is to likely prejudice the applicant herein, the applicant has to be considered as a person aggrieved thereby. Accordingly, leave is given to the applicant to prefer an appeal against the order dated May 25, 2022 passed in WP(C) No. 16 of 2019.
In view of the good grounds shown and it being more than likely that the applicant may not have immediately come to know of the order passed on a writ petition to which the applicant was not a party, the delay in seeking to prefer the appeal is condoned and the appeal is taken on record.
MC (WA) No. 14 of 2022 and MC (WA) No. 16 of 2022 are disposed of. The appeal will appear in course of next week. The appellant should serve all the respondents and inform them of the adjourned date.
There will be no order as to costs.
List the appeal on September 12, 2022.