Hon’ble Sudhir Agarwal, J.—The respondent-appellants have preferred this appeal against the judgment dated 29.8.2001 passed by the Honble Single Judge whereby the writ petition No. 29244 of 1999 of the petitioner-respondent has been allowed and setting aside the punishment order dated 16.9.1997 and appellate order dated 28.5.1999 the appellants are directed to provide all consequential benefits to the petitioner-respondent.

2. Brief facts giving rise to this case are that the petitioner-respondent was enrolled on 25.10.1980 and earmarked for Army Service corps. He remained posted at different places and on 15.3.1993 was posted to 680 Tk Tptr PI ASC, where the Officer Commanding was Lt. Col. P. Bhatnagar. On 6th August, 1994, when the petitioner was on Sentry Duty at main gate around 23.00 Hrs., a Civil Truck bearing registration No. MP-20 E 0043 entered garage entrance gate which was across the road diagonally opposite to the Main Entrance Gate. The petitioner-respondent becoming suspicious raised alarm and checked the vehicle whereupon found four empty barrels of Fuel, Oils & Lubricants (in short FOL) loaded in the vehicle and the driver was a civilian, who confessed that h