JUDGMENT

1. This Civil Second Appeal under Section 100 CPC has been filed by the appellants-defendants (for short, ’the defendants’) against the judgment and decree dated 12.1.2021 passed by Addl. District Judge No. 7, Jaipur Metropolitan, Jaipur (for short, ’the first appellate court’) in Civil Regular Appeal No. 4/2019, whereby the first appellate court dismissed the appeal and affirmed the judgment and decree dated 5.12.2018 passed by Addl. Civil Judge No.2, Jaipur Metropolitan (for short, ’the trial court’) in Original Civil Suit No. 700/2009 decreeing the plaintiff’s suit for declaration and setting aside the punishment / termination order dated 9.6.2009 as also the appellate order dated 16.9.2009.

2. Facts of the case, as per the respondent-plaintiff (for short, ’the plaintiff’), are that in the year 1986, he was appointed as a Conductor with the defendants. On 15.12.2008, he was asked to discharge his duties on Jaipur Makrana route at 6.15 O’ clock. On the basis of false complaint, allegation was levelled against the plaintiff that without giving prior information and without getting the leave sanctioned, the plaintiff absented himself from duty uptil 29.12.2008, due to which