V.S. DAVE, J.—This is civil second appeal filed against the judgment and decree passed by Addl. Civil Judge No. 2, Ajmer, dated May 31, 1986, upholding the judgment and decree passed by the Addl. Munsiff (East), Ajmer who dismissed the suit for declaration filed by the plaintiff-appellant.

2. The plaintiff-appellant filed a suit in the court of Munsiff (East), Ajmer on May 26, 1981. He pleaded that he was working as Conductor in Rajasthan State Road Transport Corporation (hereinafter referred to as "the Corporation"), and was posted at Bhilwara. On May 10, 1979 while he was on duty as Conductor on Corporations Bus No. RSV 8708, the bus was checked and certain passengers are alleged to have stated that despite the fact they had given money the ticket was not given to them and some passengers were found without tickets. He was, thereafter, charge-sheeted on the allegation that he was carrying passengers who had no tickets despite the fact that he had charged from them. He was suspended on May 28, 1979, and an enquiry was instituted against him. After the enquiry was over, he was removed from service. He preferred an appeal which was partly allowed by the appellate authority who directed his reinstatement and the penalty of removal was reduced to stoppage of two grade increments. A criminal case was also instituted against the appellant in the court of Judicial Magistrate (Transport), Aimer for offence under S. 8 of the Rajasthan State Road Transport Service (Prevention of Ticketless Travel) Act, 1975 (hereinafter referred to as "the Act"), and the learned Magistrate after trial convicted him of the said offence and sentenced him to pay a fine of Rs. 60/-, in default of payment of fine he was directed to suffer 3 days simple imprisonment vide judgment dated February 3, 1981. On the same day Addl. Divisional Manager of the Corporation, Ajmer dismissed him from service, as in his opinion, the conduct of the appellant, which led to his conviction, disentitled him to remain in service. He therefore, filed a suit challenging the dismissal order, dated February 3, 1981, on various grounds, inter alia that ha could not be dismissed as he had already been punished under the service rules and also that Shri K.N. Gupta who passed the order was not the competent authority not being Divisional Manager, He was only Assistant Divisional Manager who acted as Divisional Manager on the date of passing of the order since the Divisional Manager was on leave.

3. The suit was contested by the defendant-respondents who pleaded that the plaintiff had committed the acts of misconduct and it was thus not desirable in the public interest to continue him in service, particularly after his conviction by the Judicial Magistrate. Jurisdiction of civil court was also challenged and it was pleaded that the plaintiff had remedy by way of raising an industrial dispute. The other facts pleaded by the plaintiff were also denied. The trial court framed 3 issues. The plaintiff appeared in witness-box, while the defendant examined Durga Singh, Officer Incharge of the Corporation, Ajmer as its witness. The evidence of the parties was closed on January 29, 1983, and the arguments were concluded on March 8, 1983, and the judgment was reserved. The learned Mun-siff felt that before deciding the case it was essential in the interest of justice that defendants be asked to produce certain documents, he, therefore, passed an order to that effect on March 18, 1983, and directed the defendants to produce five documents. The defendants sought time for filing the same and time was granted on April 22, 1983. Time was again sought on April 30, 1983, May 11, 1983, May 23, 1983, July 6, 1983, August 6, 1983, August 26, 1983, September 3, 1983, September 12, 1983, November 30, 1983 and December 8, 1983 but the documents were not produced for almost a year and the trial court had to decide the suit which however, was dismissed.

4. The plaintiff-appellant went in appeal which too was dismi

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