FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGBAD. ---------------------------------------------------------------------------------------------------- Office notes, office Memoranda of | coram, appearance, court’s orders | Court’s or Judge’s orders. or directions and Registrar’s orders | LETTERS PATENT APPEAL NO.15/2010 Anjuman Ishaat-e-Taleem Trust .. Applnt. V/s Kausar Asma d/o Mohd. Ayyub & Anr .. RESPTS .... Shri P.K.Joshi,Adv.for appellant. Shri Ajay Deshpande,Adv.for Respdt. .... CORAM : A.P.DESHPANDE & N.D.DESHPANDE,JJ. DATE : 13TH JANUARY 2010. An interlocutory order passed by learned Single Judge of this Court is challenged by filing Letters Patent Appeal. The learned Single Judge, while issuing Rule in the Writ Petition filed by the present appellant School management, calling in question the legality and validity of judgment and order passed by Tribunal granted stay to the payment of backwages. However, present appellant has been directed to reinstate the employee. 2] The respondent was working as a Teacher since last about 10 years. She was proceeded against in a Departmental Enquiry on the charge of misconduct, by attributing that the respondent and one Mr.Munawar Ahmed were having love affair while both of them were working in the same school and their conduct during the subsistence of the affair was objectionable. It will not be out of place to mention that the objectionable period according to the appellant, is March and April 2007, whereas, now it is undisputed fact that the present respondent and Munawar Ahmed were married on 24/6/2007. It is also seen from the record that the first complaint received in regard to the alleged objectionable behaviour of the respondent is of 9/7/2007 i.e. subsequent to the respondent s solemnization of marriage with her husband. 3] Perused the order passed by School Tribunal, also perused order passed by learned Single Judge. The order does not call for any interference whatsoever. According to the learned counsel for the respondent, the respondent has been proceeded against, in a departmental enquiry on account of some petition filed by her husband seeking arrears of salary etc. We need not go into the motives of the management in holding departmental enquiry at this stage. As the learned Single Jude has exercised discretionary jurisdiction in granting stay to the payment of backwages and insisting upon reinstatement, we do not see any reason to interfere with the order. 4] In the result, Letters Patent Appeal fails and is dismissed. 5] In view of dismissal of Appeal, Civil Application No. 510/2010 does not survive and the same is dismissed. [N.D.DESHPANDE] [A.P.DESHPANDE] JUDGE JUDGE umg/lpa15-10