JUDGMENT :

1. The short issue involved in the present petition is which evidence would prevail for determining correctness of punishment order - the one recorded in domestic enquiry or the one adduced before the labour court ?

2. The issue arises in the backdrop of challenge setup by Petitioner-Bank to the judgment and order passed by the Industrial Tribunal upholding the order of the Labour Court, which set aside the penalty of dismissal from service imposed on respondent.

3. Respondent was working in the services of Petitioner Bank as Agent/Cashier in its Shelgaon branch. He was placed under suspension by order dated 30.03.2015 and was later served with charge-sheet, alleging misappropriation of funds. The charge arose out of financial irregularities, noticed in the audit report of the bank. It was discovered that as against the subsidy of Rs.3,27,53,855/- which was to be disbursed to 4769 members in 9 villages whose crops were destroyed due to hailstorm, amount of Rs. 3,32,00812/-was found to be disbursed to 4458 members. This resulted in extra disbursement of amount of Rs.4,46,957/- and non-disbursal of amount to 311 members. Accordingly, financial irregularity in respect of total