T SREERAM Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner is an Electrical Supervisor and holds a permit to that effect. The permit is issued by a Board constituted under the Indian Electricity Rules. His permit has been suspended on an alleged misbehaviour of assaulting an Assistant Engineer of the Karnataka Electricity Board. That order was passed on 28-2-1985 and corrected in regard to the date of assault by an order i.e., corrigendum dated 25-3-1985. Nothing appears to have happened thereafter.

(2.) Aggrieved by the same, the petitioner filed an appeal before the Government of Karnataka. That appeal came to be dismissed on the sole ground that it was barred by time. Therefore, the present petition under Article 226 of the Constitution is filed praying that the order at Annexure-C made by the Chief Electrical Inspector may be quashed as the same is without authority of law in as much as the Rules do not provide for action for any misconduct.

(3.) The argument is founded on the employment of the word 'default' in sub-rule (2) of Rule 28 of the Karnataka (Licensing of Electrical Contractors and grant of certificates and permit to Electrical Supervisors and Wiremen) Rules, 1976 (hereinafter referred to as the Rules). The said Rules are framed in exercise of the powers conferred by Rule 45 of the Indian Electricity Rules by the first respondent-State of Karnataka. Sub-Rule (2) of Rule 28 of the Rules reads as follows :