SACKED surgeon Neil Hebblethwaite has won his appeal against his dismissal, despite the original finding of misconduct being upheld.

The specialist, who worked at The Friarage Hospital, Northallerton, North Yorkshire, was sacked from his post as a consultant gynaecologist and obstetrician last year after having an affair with a woman patient.

Last October, the trust said the nature of the misconduct meant that dismissal was "the only appropriate response".

The decision to give him a final written warning rather than the sack opens up the prospect of Mr Hebblethwaite resuming work at the Northallerton trust.

But before he can return, the specialist still has to clear the final hurdle of a General Medical Council hearing into allegations of misconduct.

Mr Hebblethwaite's former colleague at the Friarage, Richard Neale, achieved national notoriety last summer, when he was struck off the medical register for a string of botched operations.

The Neale affair led to a special NHS team moving in to advise the trust.

Yesterday, the trust said that a special meeting of the Northallerton Health Services Trust Board had considered the recommendations of an independent appeal panel, and decided to rescind the dismissal.

The trust confirmed the original findings of misconduct remained "and therefore he has been issued with a final written warning by the trust".

Mr Hebblethwaite will continue to be suspended until the outcome of a hearing by the GMC's professional conduct committee, the trust said.

The patient who made the original complaint against the surgeon, who has asked to remain anonymous, said: "I have had no involvement in the appeal. The trust has not informed me about it.

"As far as I am aware, the very serious complaints remain proven and they were not overturned."

She confirmed she has been asked to give evidence at the GMC hearing.

Graham Maloney, spokes-man for the 200-strong network of former victims of Richard Neale, said: "This is a black day for The Friarage in their efforts to rebuild their reputation with the public."

But Hugh Morgan Williams of Cowesby, near Thirsk, who says he owes Mr Hebblethwaite a debt of gratitude for saving his little girl's life, said: "This decision is much more in keeping.