JUDGMENT

S.N. Variava, J.-Leave granted.

2. Heard parties.

3. This Appeal is against an Order dated 18th January, 2000.

4. Briefly stated that facts are as follows :

Respondent No. 1 was employed by the Appellant Bank as a Samiti Sevak. A show cause notice was issued to him to explain certain financial irregularities and embezzlement of monies by not depositing loan amounts recovered from the members. On receipt of the show cause notice Respondent No. 1 made good to the Bank the amounts. Respondent No. 1 did not reply to the show cause notice. Services of the Respondent No. 1 were, therefore, terminated on 10th August, 1977.

5. Respondent No. 1 filed a suit under Section 55(2) of the Madhya Pradesh Co-operative Societies Act, 1960, for setting aside the order of dismissal. Respondent No. 1 claimed the reinstatement with back wages. The Assistant Registrar held on evidence that the Respondent No. 1 was guilty of the conduct alleged. However, the Assistant Registrar noted that there had been no inquiry before services were terminated. The Assistant Registrar therefore declared the dismissal as illegal and directed reinstatement but without back wages. On Appeal by the Appellan