JUDGMENT

H.K. SEMA, J.-

1.The challenge in this appeal is as to the order of the High Court directing to make fresh enquiry and denying back wages to the appellant.

2. By this common judgment, we propose to dispose of these two appeals, as they arise out of common judgment. Civil Appeal No. 5217 of 2002 is filed by the employee and cross-appeal being Civil Appeal No. 5218 of 2002 is filed by the management.

3.Briefly stated the facts are as follows: The appellant joined his services in the respondent Bank as Messenger on 24-1-1977. He was confirmed in the said post on 30-11-1977. On 31-3-1987, a criminal case was instituted against him under Section 381 IPC on a complaint filed by the cashier of the Bank alleging that the appellant had stolen a bundle of notes of the denomination of Rs 100 amounting to Rs 10,000 from the cash counter. By order dated 18-4-1987 the appellant was placed under suspension in contemplation of a departmental enquiry. As it would appear from the various representations, the appellant requested the authority that since criminal proceedings were pending against him, departmental enquiry may be postponed till the disposal of the criminal case.

Taking this conten