JUDGMENT :

JASGURPREET SINGH PURI, J.

1. Both the above-mentioned cases are taken up together for final disposal with the consent of learned counsel for the parties, as the issues involved therein are inter-connected. Accordingly, the same are being disposed of by this common judgment.

2. CWP No.15859 of 1999 has been filed by the petitioner, Sukhbir Singh, Secretary of the Cooperative Society, whereas CWP No.3726 of 1999 has been filed by the Faridabad Central Cooperative Bank. The impugned order challenged in both the petitions is the same.

3. The grievance of the petitioner, Sukhbir Singh, is pertaining to the part of the impugned order whereby his order of dismissal has been upheld, whereas the grievance of the petitioner-Bank relates to the portion of the order by which back wages have been granted to him till 18.11.1997.

4. For the purpose of narrating the facts of the case, reference is made to CWP No.15859 of 1999 filed by petitioner-Sukhbir Singh.

5. Learned counsel appearing on behalf of the petitioner, Sukhbir Singh, submitted that the petitioner was serving as a Secretary of a Cooperative Society and was an employee of respondent No.2-Bank. He further submitted that two charge-sheets were served upon him pertaining to embezzlement/misappropriation in the Fatehpur Tagga Cooperative Society and in the Fatehpur Billoch Cooperative Society. He further submitted that the basic allegations against the petitioner were of embezzlement/misappropriation, in addition to certain allegations pertaining to absence from duty and disobedience of the orders of higher authorities. The petitioner-Sukhbir Singh, was dismissed from service by the Board of Administrators in the meeting dated 26.07.1989 vide Resolution No.3. Pursuant thereto, the dismissal order dated 09.08.1989 was issued by the Managing Director, which has been placed on record as Annexure P-1 and is based on the aforesaid two charge-sheets. Thereafter, the petitioner-Sukhbir Singh, preferred a statutory appeal challenging the aforesaid order of dismissal before learned Registrar, Cooperative Societies, Haryana, Chandigarh. Vide order dated 25.09.1992 (Annexure P-2), the learned Registrar set aside the order passed by the Managing Director and granted liberty to the respondents to proceed against the petitioner from the stage of supply of the enquiry report and thereafter to pass a fresh order in accordance with law. The learned Registrar set aside the order of dismissal on the ground that a copy of the enquiry report had not been supplied to the petitioner, resulting in non- compliance of the principles of natural justice, which caused prejudice to him. Thereafter, vide Annexure P-3, the petitioner requested the Managing Director to permit him to join duties in view of the fact that the order of dismissal had been set aside; however, he was not allowed to do so. Subsequently, vide Annexure P-4 dated 01.02.1996, the petitioner again requested the Managing Director of respondent No.2-Bank to permit him to join duties but to no avail. A similar request was once again made vide Annexure P-5 dated 25.10.1996, however, the petitioner, Sukhbir Singh, was never permitted to resume duties.

6. Thereafter, respondent No.2-Bank filed a revision petition before the learned Financial Commissioner and Secretary to Government of Haryana, Cooperation Department, Chandigarh, assailing the order passed by the Registrar, Cooperative Societies, Haryana, Chandigarh. The said revision petition was, however, dismissed by the learned Financial Commissioner vide order dated 21.10.1993 (Annexure P-6) on the ground of maintainability. Thereafter, vide Annexure P-7, the Bank informed the petitioner-Sukhbir Singh, that it had been considered and resolved to supply him a copy of the enquiry report, which was accordingly furnished to him.

7. Learned counsel appearing for the petitioner further submitted that although a copy of the enquiry report was supplied to the petitioner pursuant to the setting aside o