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1980 Supreme(Kar) 28

M.P.CHANDRAKANTARAJ
V. DURGAPPA – Appellant
Versus
CHIEF ENGINEER AND DISCIPLINARY AUTHORITY, KARNATAKA ELECTRICITY BOARD, – Respondent


( 1 ) PETITIONER Durgappa, who is an employee of the Karnataka Electricity Board, was working as supervisor. However, disciplinary action came to be taken against him and after due enquiry the disciplinary Authority passed an order whereby be was demoted to the post of operator in the services of the Board and also he was inflicted with the penalty of not being considered for promotion for a further period of 3 years. That order is produced at Exhibit 'a' to the petition.

( 2 ) IN accordance with the relevant rules applicable to his service conditions under the Board he preferred an appeal on 25-8-1978 against the order at Exhibit 'a', dated 12-1-1978. While that appeal was kept in abeyance be made a representation dated 3-10-1978 explaining the delay in filing the appeal beyond a period of 30 days prescribed for lodging such appeals. The appellate authority, viz. , the Chairman, Karnataka Electricity Board, rejected the appeal on the sole ground that the appeal was barred by time and the petitioner had not explained the delay beyond 5-6-1978.

( 3 ) IT is well settled principle of law that in cases where Law of Limitation is attracted each and every day's delay is to be explained


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