JUDGMENT

Sudesh Bansal, J. - appellant-defendant Rajasthan State Road Transport Corporation (hereinafter referred as "RSRTC") has preferred this second appeal under Section 100 CPC, assailing judgment and decree dated 29.1.1999 in appeal No.291/1986 passed by additional District Judge, No.2, ajmer affirming the judgment and decree dated 13.12.1985 passed by additional Munsif Magistrate ajmer City (East) in Civil Suit No.178/1982 whereby while termination order of respondent plaintiff (hereinafter "plaintiff") was declared as null and void.

2. The facts of case are that plaintiff was appointed on the post of Conductor on permanent basis but on 17-6-1982 while he was on duty at Bus No.1065, the vehicle was inspected by the vigilance squad of RSRTC and he was booked for offences of carrying three passengers without issuing tickets, although fair had already been received and pocketed by him. On the criminal charges, he was tried before the Judicial Magistrate (Traffic) ajmer who punished the plaintiff for ten days simple imprisonment. On the basis of his conviction, he was terminated on 17-6-1982 itself. Copy of order was not provided and services of plaintiff were terminated by defenda