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3. In view of the foregoing, the appeal is accepted. The impugned order is set aside and it is directed that the appellant shall be re-instated in service. It may. However, be clarified that in view of the acceptance of the appeal on technical ground, it is open to the relevant authority to proceed afresh for the charge against the appellant in accordance with law and following the prescribed procedure. If the appellant is so proceeded afresh then at the conclusion of such proceedings, an order shall be passed by the Authority about the treatment of the period during which the appellant has remained out of job. In other case the appellant shall be entitled to the salary and all other service benefits for the intervening period deeming that the impugned order never existed.
4. No order as to costs.