S.S. WALIA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PETITIONER impugns the order dated 17.1.1996 (Annexure P -5), whereby the amount of Rs. 1,16,000/ - recommended by the Director, Health and Family Welfare, Punjab, on the basis of recommendations of Medical Board, vide communication dated 29.9.1992, Annexure P -1(A), was reduced to Rs. 74,500/ - without recording any reason for the deduction. Petitioner also seeks a direction against the respondent authorities to release the OPD medical reimbursement against the bills submitted for the period from 7.4.1995 to 18.7.1996, as per sanction already granted for the period 7.4.1995 to 10.11.1995 and 8.2.1996 to 9.3.1996 but payment thereof was not released.

(2.) NOTICE of motion was issued and pursuant thereto, written statement was filed on behalf of respondents. During the pendency of the writ petition, interim direction was issued by this Court vide order dated 19.3.1998 directing the respondent authorities to re -examine the case of the petitioner. The claim of the matter was re -examined but the respondent authorities stick to their earlier stand, while passing the order dated 23.4.1998 attached with additional affidavit dated 5.5.1998. Finally, writ petition was admitted for regular hearing. That is how, this Court is seized of the matter.

(3.) LEARNED counsel for the petitioner places heavy reliance on communication dated 29.9.1992 Annexure P -1(A) to contend that once the claim of the petitioner was considered by the Medical Board, respondent No. 1 had no authority to cause further deduction reducing the amount from Rs. 1,16,000 to Rs. 74,500/ - vide impugned order dated 17.1.1996 (Annexure P -5). He further submits that the impugned order was non -speaking and cryptic one, because no reason was assigned by respondent No. 1, while passing the impugned order. In support of his submissions, learned counsel for the petitioner relies on a Division Bench judgment of this Court in K.L. Kohli v. State of Punjab and others,, 199(4) SCT 280. Finally, he prays for setting aside the impugned order, while allowing the writ petition.