JUDGMENT

JUDGMENT:— We have heard the learned advocates for the parties and after hearing them we ate of the view that the High Court was in error in dismissing the appeal preferred by the appellant, on the ground of limitation. The appellant was discharged from service on 27-7-61 and the appeal preferred by him against the order of discharge was rejected by the Commissioner, Bhagalpur Division on 27-9-61. The appellant thereupon preferred a further appeal before the Board of Revenue but this appeal also met with the same fate and was dismissed by the Board of Revenue on 4-3-64. Rule 12 of the Bihar and Orissa Subordinate Services (Discipline and Appeal) Rules 1935 (hereafter referred to as Rules of 1935) empowered the State Government and the Head of the Department to call for departmental proceedings and pass appropriate orders and pursuant to this provision the appellant filed a Revision Application before the State Government., The State Government rejected the Revision Application and though the order of rejection was made on 5-8-1965, it was not communicated to the appellant until 19-12-1965. The appellant being dissatisfied with the order of the State Government filed a suit