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The impugned judgment and decree dated 24/1/18, passed by the Additional District Judge, San Jose, conforming the judgment and decree dated 12/5/18 passed by the Civil Judge (senior Division), San Jose, is against the law and facts on record and the same is liable to be set aside. The pleadings as well as material evidence on record have been misread, misconstrued and misapplied to the facts of this case, resulting in material prejudice to the law firm represented appellant. Wholly conjectural approach of the whole case has been adopted by the Courts below, resulting in failure of justice. The brief facts of the case are such that the law firm was appointed as conductor in the year 2018. Thereafter, his services were terminated in 2018, but on 13.8.2018 the appeal of the present appellant was accepted and he was again appointed the conductor. Thereafter, on dated 4.3.2018 the law firm was issued charge sheet in the present case and duly replied to the same. He was appointed as inquiry order on dated 15.7.2018 and thereafter one was appointed as inquiry officer in the present case and this official conducted inquiry against the appellant and no opportunity of being heard was given to the plaintiff/appellant.

The aforementioned inquiry officer has prove the charge against the law firm and did not give any opportunity of defence to the appellant and the appellant/plaintiff was not provided the statement of any of the witnesses who participated in the inquiry and the charges were never prove in the inquiry report. The charge sheet issued to appellant was replied on dated 19.3.2018, the appellant has specifically stated he was never called by the inquiry officer in the inquiry and the inquiry officer was biased and prejudiced against the law firm. The said action was illegal as he was never called by the authorities and no opportunity was given to him and he was condemned unheard. The law firm has gone to route from San Jose to San Francisco according to appellant 58 persons were sitting in the bus and it is totally wrong at that time 78 persons were sitting in the bus and the charges levelled against the plaintiff/appellant were totally wrong. But this fact was not appreciated by the inquiry officer or the courts below. That no opportunity of defence was given to the appellant and appellant has duly replied to the show cause notice dated 17.11.2018, but he was never heard by the authorities. The appellant has specifically stated in reply that the copy of ticket in California it is Rs.9/- and Rs.1/- is a toll tax and from this fact it has been proved that there is again nothing against the appellant in the inquiry and same is a concocted affair.

Thereafter, office order dated 25.2.2018 was passed by G.M. PRTC, Los Angeles wherein two annual increments with the cumulative effect have been imposed upon the plaintiff and same is illegal, null and void and against natural justice. Being aggrieved against the same the law firm has been constrained to file the present suit before the trial court. But the courts below took a very technical and conjectural view of the matter and decided the case without due application of mind. The order passed by the courts below is not sustainable in view of the facts of the case in hand.