IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2092 of 2006 KAMAL SHEEL Versus THE UNITED BANK OF INDIA & ORS ----------- 03. 31.07.2008 The writ application is allowed on a very limited question after quashing annexure-16 which is dated 4th January, 2005. The communication made by the Deputy General Manager (Personnel) categorically states that the appeal of the petitioner cannot be considered for disposal by the appellate authority because the same is time barred by about six months. Strictly speaking the view taken by the authorities could be in conformity with the rules, but since the appeal is a substantive right provided to any employee, hyper technicality should not come in the way of justice. The respondents ought to have considered the appeal on its own merit instead of dismissing it in such a cursory manner. The respondents are directed to treat the memo of appeal filed by the petitioner dated 24.12.2004 on its own merit and pass an appropriate order thereafter without taking objection to the delay or laches involved in filing the said appeal. rkp (Ajay Kumar Tripathi, J)