LAL BAHADUR GUPTA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS writ petition is directed against order No. 784(14), dated 17.4.2006 (Annexure 12), issued under the signature of respondent No. 3 (Joint Director, Health Services, Bihar, Patna), whereby the petitioner's claim for reimbursement for his. heart surgery undergone at BM Birla Heart Research Centre, Kolkata (hereinafter referred to as the Centre'), has been rejected, inter alia, on the ground that he had undergone surgery at Kolkata, instead of New Delhi for which prior sanction had been accorded. The respondents have placed on record their counter affidavit and have supported the impugned action.

(2.) THE facts are not in dispute and lie in a narrow compass. The petitioner was in February 2001 posted as Medical Officer, Primary Health Centre, Shambhuganj., district Banka. He suffered chest pain on 8.2.2001, had reported at Indira Gandhi Institute of Cardiology, Patna Medical College, on 14.2.2001, and was admitted. He had undergone Coronary Angiography Test on 16.2.2001 (Annexure 1). He was detected for triple vessel disease which needed by -pass surgery (CABG) urgently and was, therefore, referred to All India Institute of Medical Sciences (AIIMS), New Delhi, for surgery. He submitted his application dated 22.2.2001 (Annexure 2), to respondent No. 2 (Director in Chief, Health Department, Govt. of Bihar, Patna), for permission for treatment at AIIMS, New Delhi. He reported in AIIMS on 21.3.01. He was asked to report for surgery after three months. The State Government issued order No. 3189, dt. 2.5.2001 (Annexure 4), permitting his treatment/heart surgery in AIIMS.

(3.) THE petitioner submitted his application dated 28.5.2001 (Annexure 9 ), to respondent No. 2, stating therein that his treatment at the Centre may be reimbursed. Respondent No. 3 made certain queries from the petitioner, vide his communication dated 11.9.2001 (Annexure 10). The matter remained pending with the State Government for four years whereafter the petitioner submitted his reminder dt. 15.6.2001 (Annexure 11), requesting for reimbursement which has been rejected by the impugned order on the ground that he had undergone surgery at the Centre on his own and, therefore, the treatment charges can not be reimbursed. Hence this writ petition.