IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.840 of 2009 SURENDRA KUMAR SINHA, son of late Kandhji Sahay Srivastava, resident of Flat no. 201, CSD apartment, East Boring Canal Road, behind Sanskrit Shiksha Board, Budha Colony, Patna . …………appellant Versus 1. THE STATE BANK OF INDIA , through Chief General Manager, Local Head Office, West Gandhi Maidan, Patna 2. The Assistant General Manager, Zonal Office, Region II, Judge’s Court Road, Patna 3. The Branch Manager, State Bank of India, Akhtiarpur Branch, Patna …………………… respondents ----------- 5 09-11-2009 Heard learned counsel for the appellant and learned counsel for the respondents- Bank. By the impugned order under appeal dated 27-4-2009 the writ court has dismissed the appellant’s writ petition mainly on the ground of delay after noticing that the cause of action arose in 2004 on account of issuance of annexure-5 by the Bank refusing to accept the claim of 88 days of working on Bank holidays for the purpose of leave concession. The appellant superannuated in July, 2006 and the writ petition was filed in the year 2009 with an explanation that appellant could not have moved earlier because his objections were not considered which forced him to file a representation on 18-10-2007 and further reminders and only thereafter he received a reply in negative on 12/15-2-2008. After carefully considering all the facts and circumstances, we are of the view that even if the delay be presumed to have been explained, there is sufficient materials to show a dispute of fact as to whether appellant had actually made a valid claim or it was a bogus claim of having working on holidays for 88 days. Such dispute of fact, in our view, need not be decided 2 in the writ jurisdiction. Hence, the appeal is dismissed but with a liberty that, if so advised, the appellant may pursue his claim through a properly constituted proceeding in accordance with law. Appellant is at liberty to explain the delay properly and the same shall be considered by the Civil Court as per law. BKS/- (Shiva Kirti Singh, ACJ.) (Shyam Kishore Sharma, J.)