LAWS(PAT)-2008-1-133

RAMESH CHANDRA SINGH Vs. STATE OF BIHAR

Decided On January 21, 2008
RAMESH CHANDRA SINGH Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and learned counsel for the State.

(2.) THE petitioner, who at the relevant time was a District Animal Husbandry Officer, was detected to be suffering from Cancer in December, 2003. He was referred to Delhi for urgent investigation and treatment. Though he did try for treatment at the A.l.l.M.S. long queues at the hospital and the urgency of the situation made him to proceed to the Rajeev Gandhi Cancer Institute and Research Centre at Delhi for treatment. He was diagnosed to be suffering from the third stage of Cancer and urgent surgery was advised. He was operated upon on 29.12.2003. He was then recommended follow up treatment. The claim in this writ petition is for reimbursement of medical bills to the extent of Rs. 1,54,950.83 for which it is stated that he submitted his claim alongwith documents. This was so done on 11.8.2004. He then superannuated on 31.8.2004. In exasperation he ultimately came to this Court in 2006 for reimbursement.

(3.) A counter affidavit has been filed on behalf of the respondents. It does not dispute the emergency treatment which the petitioner required and the factum of the operation. What the counter affidavit urges is that the petitioner proceeded for such treatment and surgery without the permission of the competent authority and for that very reason the claim has been rejected by order dated 26.3.2007.