PRAMEELA FORGOD A Vs. SMITHA ANDREWS

JUDGEMENT

(1.) The appeal has been filed by the 4 th respondent in W.P(C) No.31304/2018. Initially the judgment was delivered without notice to the 4 th respondent/the appellant herein. However, later a review petition was filed by the appellant, which was ultimately dismissed by the learned single Judge. The grievance expressed by the appellant is that, when the relief sought for in the writ petition was only to consider and pass orders on Ext.P2 representation submitted by the writ petitioner/1st respondent herein; in order to conduct a detailed enquiry into the allegations levelled against the 4 th respondent-the appellant herein, the court had gone beyond the scope of the writ petition and directed disciplinary proceedings to be taken against the appellant/4 th respondent. The contention urged is that, during the hearing of the writ petition, the learned Government Pleader made a submission that the District Educational Officer had conducted an enquiry and passed an order dated 28.02.2018. According to the appellant, before passing such an order, she was not heard. The Court, futher, observed that in the order dated 28.02.2018, the District Educational Officer had requested the Director of Public Instruction to submit PTAs account for audit and also to initiate disciplinary proceedings against the 4 th respondent/the appellant herein. The learned single Judge after having taken note of the aforesaid submission, issued the following order :

(2.) The contention urged by the learned counsel appearing for the appellant is that subsequent to the aforesaid direction, an audit came to be conducted and Annexure-A12 is the audit report, which is under challenge in W.P.(C) No.24001/2019. According to the appellant, in view of the judgment of the learned single Judge, the appellant is not in a position to challenge the order dated 28.02.2018 of the District Educational Officer.

(3.) The learned senior counsel appearing on behalf of the first respondent would submit that pursuant to the directions issued by this Court, the DPI had after notice to the appellant issued order dated 26.08.2019 and, thereafter, audit report was also prepared by the competent Authority.