S.P. Srivastava, J.

1. Feeling aggrieved by the judgment and order passed by the learned Single Judge whereunder the sentence of dismissal from service awarded to the respondent by the General Security Force Court for having committed a miscellaneous offence envisaged under section 41(e) of the Border Security Force Act 1968, had been quashed with a direction for his re-instatement in service and payment to him all the service benefits, the appellants have now come up in appeal seeking redress praying for the setting aside of the aforesaid order passed by the learned Single Judge.

2. We have heard Shri D.K. Katare, the learned counsel for the appellants as well as Shri J.P. Gupta the learned Senior Advocate, representing the respondent and have carefully perused the record.

3. The facts in brief, shorn of details and necessary for the disposal of this appeal lie in a narrow compass. The respondent was employed as a sub-Inspector/Stenographer in the Border Security Force, Tekanpur, and his service conditions were regulated by the provisions contained in Border Security Force Act, 1968. He was served with a charge-sheet containing two charges. The first charge was in regard to acce