JUDGMENT :

(Biren Vaishnav, J.)

1. This appeal under Clause 15 of the Letters Patent has been filed by the State of Gujarat, challenging the oral judgement dated 10.09.2014, passed by the learned Single Judge.

2. By the order under challenge, the learned Single Judge, in a petition filed by the Teacher, allowed the petition reversing the order of the Education Tribunal which had dismissed his application. By dismissing the application, the Tribunal had upheld the order of dismissal of the applicant – original petitioner before the learned Single Judge.

3. Briefly, the facts indicate that the respondent No.1 was engaged as a Teacher in the school – respondent No.4, run by the respondent No.3-Trust. The school found that he was having an illicit relationship with a colleague teacher. Charges were framed, based on which a departmental inquiry by a duly constituted Committee was held and the respondent No.1 having found to have committed misconduct, was dismissed from service.

3.1 On a challenge to his dismissal before the Tribunal, the Tribunal confirmed the order. The learned Single Judge, reversed the dismissal and ordered reinstatement. The order of the learned Single Judge is stayed p