SYED SHAH MOHAMMED QUADRI, J.

(1) LEAVE granted.

(2) THE first respondent was an employee of State Bank of India (appellant). He had joined as a Typist-cum-Clerk in 1976. When officiating as Cash Officer in a branch of the Bank, he made a withdrawal of Rs 3000 from the savings bank account of a third party with the Bank. He did so by forging the signature of the account-holder on the withdrawal form. He appropriated the amount for his personal use. The external auditors of the Bank detected this and an inquiry was made. The first respondent admitted that he had withdrawn Rs 3000 from the said account. A charge-sheet was issued to the first respondent wherein he again admitted his guilt. The enquiry officer found the charge against the first respondent proved. Consequent upon this finding, amounting to gross misconduct in terms of the Sastri Award and the Desai Award governing the Bank, the first respondent was dismissed from the Banks service. His appeal was dismissed. An industrial dispute was raised. The Industrial Tribunal, acting thereon, found that the misconduct was proved but that the punishment of dismissal was too harsh. It, therefore, ordered