1. The unsuccessful plaintiff in O.S.No.326 of 1989 on the file of IV Assistant Judge, City Civil Court, Chennai, is the appellant and he preferred the present second appeal aggrieved over the decree and judgment dated 25.04.1997 passed by the learned II Additional Judge, City Civil Court, Chennai, in A.S.No.172 of 1996, whereby the decree and judgment passed in the said suit were set aside and the suit was dismissed.

2. The case of the plaintiff, in brief, is as follows:

The plaintiff entered into service in the Railways as Rakshak in the year 1964. During February 1978, he was under the direct control of the Assistant Sub-Inspector, Protection Force, Tuticorin and he was on duty from 16.00 hours to 24.00 hours on 24.02.1978 and on 25.02.1978 while he was handing over charge to Rakshak Rangan, there was no shortage of consignments and for this, necessary entries were made in the General Diary. Therefore, he cannot be held responsible for anything happened after his duty hours. But, he was issued with a charge sheet falsely stating that a theft HAD occurred when he was on duty on 24.02.1978 and the charge was that while the plaintiff was on duty at A & B points, he faile