PUSHPA SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Counsel for the petitioner and the learned Counsel for the State.

(2.) The husband of the petitioner suffered serious ailment in both his Kidneys in the year 2001, an acute case of chronic renal failure, a life threatening situation. He was initially treated at the Indira Gandhi Institute of Medical Sciences (hereinafter referred to as 'IGIMS') *and Patna Medical College and Hospital. He was then referred to the All India Institute of Medical Sciences (hereinafter referred to as 'AIIMS') at New Delhi in a critical condition for Kidney transplant operation. Due to a long waiting list of patients to be operated and his critical condition he could ill afford to wait except at the cost of his life. He was therefore taken to the Indraprastha Apollo Hospital, New Delhi, where his mother-in-law donated one of her Kidneys and the operation was performed. He returned to Patna on 26.1.2002 after recuperating. A sum of Rs. 4,74,015.80 Paise was the bill raised by the hospital. The family raised loans for the purpose. The bills were submitted by him and a sum of *Rs. 2,22,890.60 Paise only was reimbursed. A sum of Rs. 2,73,943/- remains outstanding.

(3.) On 31.1.2002 much after the operation formal orders had been issued by the Department of Health under Rule 26 of the Bihar Medical Attendance Rules, approving the treatment at the AIIMS, New Delhi or at Sanjay Gandhi Post Graduate Institute at Lucknow, in view of the special circumstances. The sanction order further stated that the expenditure shall be reimbursed on production of necessary materials countersigned by the treating authority, as permissible.