MD.ABDUL BAQUI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ petition has been preferred with the prayer to quash the sanction order dated 10.1.2003 (Annexure 15), whereby the State Government has accorded sanction for payment of the bill for treatment of the petitioner's daughter at reduced rate, and for further relief of payment of the entire bill amount. The respondents have placed on record their counter affidavit and have supported the impugned order.

(2.) A brief statement of facts essential for the disposal of this writ petition may be indicated. The petitioner was, at the relevant point of time, a Subordinate Judge in the Bihar judiciary, and has superannuated as Additional District Judge on 31.10.2005. His daughter was, at the relevant point of time, aged 21 years and was suffering from heart ailment. She had undergone check-up on 30.6.1998, at Indira Gandhi Institute of Cardiology, Patna, a medical establishment of the Government of Bihar, and was referred to All India Institute of Medical Sciences, New Delhi (hereinafter referred to as the "A.I.I.M.S"), a medical establishment of the Government of India. She under-went thorough medical check-up at A.I.I.M.S, New Delhi, in the last week of October 1998, and was diagnosed to be a case of Atrial Septal Defect, and was advised closure of the same by surgical intervention. She was provisionally given a date for surgery on first week of January 2000. Relevant portion of O.P.D. slip dated 26.4.1999 of A.I.I.M.S is reproduced hereinbelow:-

(3.) It further appears from the certificate dated 26.10.1998 (Annexure-4), issued by A.I.I.M.S, that the surgery involved expenditure of approximately Rs.2,10,000/- (Two Lacs ten thousand only), excluding medicines and boarding. By order dated 24.11.1998 (Annexure-7), the State Government, in the Department of Health and Medical Education, accorded sanction for treatment of the petitioner's daughter at A.I.I.M.S. In anticipation of the surgery, the petitioner applied for medical advance which was sanctioned by the State Government and he had withdrawn Rs. 1,68,000/- on 13th March 1999. The petitioner felt dissatisfied with the affairs in A.I.I.M.S and, therefore, had submitted his representation dated 3.5.1999 (Annexure-9), to accord permission for treatment at a private hospital.