RAJASTHAN STATE ROAD TRANSPORT Vs. DHURI LAL

JUDGEMENT

(1.) The present second appeal under Sec. 100 of the Code of Civil Procedure has been filed by the appellant - Rajasthan State Road Transport Corporation (hereinafter referred to as "the Corporation") oppugning the judgment and decree dtd. 12/12/1994, passed by learned Additional Civil Judge (Sr. Div.) No.3, Udaipur (hereinafter referred to as "Appellate Court"), whereby he had affirmed the judgment and decree dtd. 22/1/1990 passed by learned Munsif and Judicial Magistrate, First Class, Udaipur City (South) (hereinafter referred to as "Trial Court").

(2.) The present second appeal had been admitted by this Court on 5/4/1996 for the adjudication of following substantial question of law:- <IMG>JUDGEMENT_88_LAWS(RAJ)3_2018_1.jpg</IMG>

(3.) Shorn of unwarranted details, the facts, in a nutshell, apropos for the present appeal and within the precincts of the question formulated by this Court are; that the respondent - plaintiff, appointed as a permanent Conductor with the Corporation w.e.f. 21/12/1979, was found indulged in permitting the passengers to travel without tickets on four occasions, viz. 31/5/1981; 6/2/1981; 9/3/1981; and 11/3/1981. A domestic enquiry was held against the respondent after serving separate charge-sheets for the above referred misconduct.