IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14843 of 2009 BIRESH CHANDRA CHATTERJI Versus THE STATE OF BIHAR & ORS ----------- 2/ 20/11/2009 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner, who has retired from the Home Jail Department on 30.9.2004, came to this Court earlier in C.W.J.C. No.4485/05 seeking medical reimbursement for his kidney transplantation and treatment including outside the State at Deoki Hospital, Chennai. The Court on 13.8.2007 set aside the refusal of reimbursement on the ground that he had gone for treatment to Chennai without prior approval of the Government and, therefore, medical reimbursement was not admissible. This order came to be passed when there were pre-existing judgements of this Court itself that in cases of urgency such provisions are clearly unworkable and cannot be an impediment in consideration of appropriate cases by relaxation of Rule- 26 of the Bihar Medical Rules. Undoubtedly, a kidney ailment is a serious emergency. This Court, therefore, directed expeditious consideration of the medical bills to be paid within one month failing which the arrears shall carry interest at the rate of 6% per annum from the date when payment 2 was originally due. The pleadings of the writ application reflect a sorry state of affairs. Notwithstanding the order dated 13.8.2007, even in the month of November, 2009 the petitioner appears to be the victim of complete bureaucratic apathy when those who treat him as a simple object of official consideration are oblivious that all human beings may require medical treatment one day or the other. This Court cannot lose sight of the fact that the petitioner has suffered a kidney transplantation. He has retired five years ago. Keeping his interests fully in mind and the powers of the State authorities available to them, this Court directs that all official formalities with regard to any documents/information of the treatment of the petitioner from any authority or institution within the State shall be the exclusive responsibility of the authorities. If they need any clarifications from the petitioner, they are required to visit him and request for the same. The petitioner is expected to make such information etc. within his capacity available to them provided it does not relate to official documents or papers of treatment already submitted to the authorities. Likewise, any verification/documents required from the concerned 3 hospital at Channai where the petitioner is stated to have undergone kidney transplantation, shall also be the exclusive responsibility of the State authorities who easily have the wherewithal not only to depute an emissary but also have at their disposal a variety of electronic facilities for the purpose. Let this exercise be completed by respondent No.2 within a maximum period of three months from the date of receipt/production of a copy of this order before him. If the exercise is not completed and the legitimate dues of the petitioner are not made available to him and the petitioner is compelled to approach this Court again, if this Court is not satisfied with the conduct of the respondents, it may consider enhancement of the amount of interest awarded earlier apart from such other appropriate orders as it may deem fit and proper. The direction for grant of interest in C.W.J.C. No.4485/05 is deemed to be incorporated in the present order, effective in the same manner from the date originally assigned. The application stands disposed. KC ( Navin Sinha, J.)