( 1 ) THE Original Plaintiff of Regular Civil Suit No. 705 of 1977 decided by the learned Joint Civil Judge (J. D.) at Junagadh on 1/05/1978 has preferred this Second Appeal against the judgment and the decree passed by the learned District Judge of Junagadh on 31/03/1979 in Civil Regular Appeal No. 57 of 1978 and allied appeals. Thereby the lower Appellate Court was pleased to dismissed the appeal and to affirm the judgment and the decree passed by the trial Court dismissing the present appellants suit.

( 2 ) THE facts giving rise to this Appeal may be summarised thus : the respondent herein is a statutory Corporation established under the road Transport Corporations Act, 1950 (the act for brief), I shall refer to respondent No. 1 as the Corporation for the sake of convenience. The appellant was at the relevant time serving as a Conductor in the corporation. For the sake of convenience I shall refer to him as the delinquent. He was in charge of one bus bearing No. 8239 going from junagadh to Jamjodhpur on 19/03/1977. That bus was checked by the checking party on that day. It was found that no tickets were issued to some 13 passengers going from Makhiyalla to Sharh