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The learned first Appellate Court has set aside the disciplinary proceedings on the basis of the conduct of the plaintiff. It has been found that no mala-fide could necessarily be attributed to the plaintiff and that the checking staff has not found that the passengers travelling to other places were holding tickets of lesser denomination. No interim order was granted while admitting the present appeal.

Though the checking staff carried out inspection on 4.12.1980, but the plaintiff has deposited the excess amount on the very next day i.e. 5.12.1980. The report of the checking staff was made on 8.12.1980. Though, it cannot be believed that the Conductor was not aware of the amount of fare from Mukerian to Budhawad, which led to issuance of the tickets of lesser denomination, but the fact remains that the order of punishment was set aside way back on 13.2.1985 i.e. more than 20 years back. The learned first Appellate Court, while decreeing the suit filed by the plaintiff, has relied upon the conduct of the plaintiff. The reliance on such conduct of depositing the amount of Rs. 7.70p before the respondents, cannot be said to be unjustified or perverse, which may give rise to any substantial question of law in the present Regular Second Appeal.