VIPIN SANGHI, J.

1. This second appeal has been preferred under Section 100 CPC to assail the judgment dated 05.02.2011 passed by Shri Vimal Kumar Yadav, Additional District Judge – II (North), Delhi, in R.C.A. No. 13/2010 titled, ‘DTC and another Vs. Sh. Suraj Mal’. By the impugned judgment, the first appeal preferred by the appellant-DTC, who was the defendant in the suit preferred by the respondent, was dismissed.

2. The respondent was appointed as a conductor with effect from 01.04.1979 and was confirmed in the year 1979 itself. He was placed under suspension by the appellant-employer on 04.01.2001 while he was posted at Hari Nagar Depot. He was issued a charge-sheet dated 12.01.2001 by the appellant through the Depot Manager (impleaded as defendant No.2). The substance of the allegation was that on 23.12.2000, while the respondent/plaintiff was on duty on Bus No. 6447 running on route No. 8, at 7.50 p.m. the checking staff checked the bus at Sirhol Border. Two passengers were found without ticket. On being questioned, the said passengers stated that they had paid a sum of Rs. 20/- to the plaintiff at Dhaulakuan itself, but he did not issue tickets by accepting less fa