IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.116 of 2009 The Bihar State Electricity Board & Ors. Versus Md.Naimuddin ----------- For the appellant : Mr. Ratan Prasad Sinha, Advocate For the respondent: None. --- 4 15/4/2009 Some amount from the gratuity payable to the writ petitioner – respondent herein which was ordered to be recovered by the Bihar State Electricity Board, was set aside by the learned Single Judge. The said order was passed by the learned Single Judge in CWJC. No.8893 of 2003 on 23.11.200, against which the appellants approached this Court in a letters patent appeal after a long delay of 387 days. It is stated that when the representation was filed by the petitioner for implementation of the order dated 23.11.2007 the matter was examined at different levels and ultimately it was decided and permission obtained from the competent authority on 23.5.2008 to file appeal against the impugned order. After obtaining permission, it appears, the department on one pretext or the other again took a long time to file appeal and on - 2 - 4.2.2009 appeal was filed. In a case of retired employee such a long delay cannot be condoned, even if it is submitted that after the order was passed on 23.11.2007, the matter was examined at different levels and it took a long time to come to the conclusion as to whether an appeal should be filed against the order dated 23.11.2007 or not. Merely by stating that appellants decided to file appeal late, delay cannot be condoned and such reason cannot be accepted. We are of the view that no sufficient explanation has been brought on record to condone the delay of 387 days. Hence delay condonation petition is dismissed. Consequently, appeal is also dismissed as filed out of time. Neyaz/- ( J.B. Koshy, CJ.) (Dr. Ravi Ranjan, J.)