SUDHIR KUMAR SINHA SON OF LATE ANUP LAL SINHA Vs. STATE OF BIHAR; PRINCIPAL SECRETARY HEALTH DEPARTMENT, BIHAR, PATNA; DIRECTOR IN CHIEF, HEALTH SERVICES, BIHAR, PATNA; SUPER-IN-TENDENT P M C H , PATNA; PRINCIPAL SECRETARY HOME (POLICE), BIHAR, PATNA; SR SUPERINTENDENT OF POLICE, PATNA

JUDGEMENT

(1.) Petitioner is a Hawaldar in the Bihar Police. While he was posted in Jamui, he was suspected of cancer of mouth for which he approached Mahavir Cancer Sansthan, Patna. He did undergo some kind of treatment between 28.12.2013 and 17.01.2014.

(2.) As per learned counsel for the petitioner, looking at the pressure upon Tata Memorial Hospital, Mumbai and absence of priority in the indulgence of surgery, which was required, the petitioner decided to approach P. D. Hinduja Hospital & Medical Patna High Court CWJC No.2493 of 2016 dt.09-09-2016 2 Research Centre, Mumbai where he underwent surgery and was discharged after having been found medically fit. So far so good, but the problem for the petitioner started when he filed and submitted his bills for reimbursement of medical treatment. By virtue of a decision taken by the respondents, the claim of the petitioner has been rejected vide order dated 20.08.2015 as contained in annexure-6 summarily on the ground that P.D. Hinduja Hospital & Medical Research Centre, Mumbai is not one of the approved Hospital for the treatment of the employees of the State of Bihar.

(3.) The same kind of stand has also been taken in the counter affidavit filed on behalf of the State.