Sia Saran Sinha, J.

1. This second appeal needs determination of a short point namely, that of limitation in the following circumstances.

2. The appellant in second appeal is the plaintiff. He has come to this Court against the judgment of affirmance passed by the lower appellate Court. The plaintiff-appellant was appointed as a temporary clerk in the Saharsa Collectorate on 1-12-1951. There were certain charges against him concerning his official duties. This led to the drawing up of a departmental proceeding against him. Sri V/s. V. Nathan, the District Magistrate, Saharsa, the appointing authority of the appellant, by his order dated 27-7-1961 discharged him from his service The Bihar and Orissa subordinate Services (Discipline and Appeal) Rules, 1935 (hereinafter referred to as the 1935 Rules) made provision for appeal. Taking advantage of this provision, the plaintiff appellant challenged the order of his discharge before the Commissioner, Bhagalpur Division. The Commissioner, Bhagalpur Division, however, dismissed the appeal by his order dated 7-9-1961, Even the order of the Commissioner of Bhagalpur Divsion was challenged by the Plaintiff-appellant before the Member.