E.S.VENKATARAMIAH, N.D.OJHA
S. S. Rathore – Appellant
Versus
State Of M. P. – Respondent
(1) THE question involved in this case is one of limitation. The appellant was dismissed from service by the Additional Collector of Betul, State of Madhya Pradesh on 13/01/1966. He preferred a statutory appeal under the Madhya Pradesh Civil Services (Classification, Control and Appeal) Rules, 1956. The said appeal was dismissed on 31/08/1966. Thereafter he instituted a suit after issuing a notice as required by law to the State government under S. 80 of the Civil Procedure Code, 1908. The suit was filed on September 30, 1969. It is not disputed that if the period of limitation is calculated from the date of dismissal of the appeal the suit would be in time, under the relevant article of Limitation Act. But if the period of limitation has to be calculated from the date of the original order of dismissal the suit would be out of time. In the present case the suit was dismissed by the trial court on the ground of limitation, and it has been affirmed by the first appellate court and by the High court in second appeal. The High court, while dismissing the appeal, relied upon a decision of this court in Situ Ram Goel v. Municipal Board, Kanpur which was a decision rendered by fi
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