ORDER S.J. Mukhopadhaya, J. 1. The petitioner has challenged the demand notice dated 18th April. 1997, punishment order dated 9th July. 1999 and the appellate order dated 9th November. 1999. 2. The case of the petitioner is that he was suspended on 23rd February, 1995 and proceeded departmentally. Another person along with petitioner, namely, A Rafay (since deceased) was also suspended and proceeded departmentally for same set of charge on the basis of same set of evidence. 3. During the pendency of the departmental proceedings, by order dated 18th April. 1997, the petitioner was asked to pay back a sum of Rs. 2.15 lacs to the disciplinary authority. The same order was also passed in respect to late. A. Rafay, thereafter, in the departmental proceeding though the Enquiry Officer declared the petitioner and A. Rafay not guilty, but both of them were dismissed from service. The petitioner was dismissed, vide order dated 9th July. 1999 which was affirmed by the appellate order dated 9th November. 1999. 4. The petitioner earlier moved before this Court against the order dated 18th April. 1997 in CWJC. No. 1373 of 1997 (R), which was disposed of on 27.1.1998 with direction to petitioner to prefer appeal. 5. The counsel of the petitioner brought to the notice of the Court that A. Rafay (since deceased) against whom similar charges were raised and similar demand notice and dismissal orders were issued, had also moved this Court in CWJC No. 443 of 1999 (R), wherein this Court, vide judgment dated 2nd September, 1999 set aside the orders of dismissal and appeal, the competent authority having not differed with the findings of the Enquiry Officer. 6. It is stated that the case of the petitioner is same and in his case also the competent authority has not differed with the findings of the Enquiry Officer, but punished the petitioner. 7. In the aforesaid background and all the orders being violative of rules of natural justice, the demand notice dated 18th April. 1997; dismissal order dated 9th July 1999, and appellate order dated 9th November. 1999, are set aside. 8. However, it will be open to the authorities to proceed in accordance with law. 9. So far as subsistence allowance for the period of suspension is concerned. 1997; dismissal order dated 9th July 1999, and appellate order dated 9th November. 1999, are set aside. 8. However, it will be open to the authorities to proceed in accordance with law. 9. So far as subsistence allowance for the period of suspension is concerned. If it has not yet been paid, the authorities will consider the matter and pay the admitted dues within three months from the date of receipt/ production of a copy of this order. 10. They will also determine the question of payment of salary of the period of suspension as per guidelines/rules, if any, within six months. 11. The writ petition is allowed.