IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.792 of 2010 Yogendra Prasad Sinha, son of Late Rameshwar Prasad, retired Account Assistant, resident of village-Chhabilathika, P.O.-Belaw, P.S.-Barbigha, District-Sheikhpura. …..Petitioner-Appellant. Versus 1. Bihar State Electricity Board through its Chairman. 2. Secretary, Bihar State Electricity Board, Vidyut Bhawan, Bailey Road, Patna. 3. Financial Controller, Bihar State Electricity Board, Vidyut Bhawan, Bailey Road, Patna. 4. Director of Accounts, Bihar State Electricity Board, Vidyut Bhawan, Bailey Road, Patna. 5. Joint Secretary, Bihar State Electricity Board, Vidyut Bhawan, Bailey Road, Patna. 6. Accounts Officer, Transmission Circle, Biharsharif, Nalanda. …..Respondents-Respondents. For the appellant : Mr. Ajit Kumar, Advocate Mr. Shailendra Kumar, Advocate For the respondents : Mr. Vinay Kirti Singh, Advocate. ----------- 02. 29.04.2010 I.A.No.4226 of 2010 This is an application for condonation of delay of 414 days in preferring the appeal. Having heard learned counsel for the appellant, we are of the considered opinion the delay in preferring the appeal does not deserve condonation inasmuch as the appellant has challenged the recovery solely on the ground that he had worked as Accounts Assistant till his - 2 - retirement and drawn salary. Be it noted, the matter had travelled to the Apex Court and their Lordships had set at naught the promotion of the Accounts Assistant as they have not passed the departmental examination as required in the rules. In view of the aforesaid, there is no justification to issue notice on the question of limitation and, accordingly, the delay in filing the appeal is rejected and as a fall out, the appeal also stands dismissed in limine. Sunil (Dipak Misra, C.J.) (Mihir Kumar Jha, J.)