COCP No.15 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH COCP No.15 of 2009 Date of decision: February 13, 2009 Baljit Singh and others …..PETITIONERS Versus N.P.Singh Aulakh, Director General of Police, Punjab and another …..RESPONDENTS CORAM: HON’BLE MR JUSTICE T.P.S.MANN PRESENT: Mr Munish Behl, Advocate for the petitioners. Mr M.C.Berry, Additional Advocate General, Punjab for the respondents. T.P.S.MANN, J. (Oral): On 17.11.2008 when CWP No. 18143 of 2008 filed on behalf of the petitioners came up for hearing before the Division Bench, a short reply was filed by respondent No.4 therein, wherein it was averred that an amount of Rs.2,82,000/- as estimated cost of treatment of Radhey Sham- petitioner would be submitted to the District Treasury Officer, Amritsar on that very date itself, whereas the case of the remaining petitioners for providing them financial assistance as they were suffering from serious diseases, would be processed and settled within two weeks from that date. COCP No.15 of 2009 2 In view of the said stand, the petition filed by Radhey Sham-petitioner was rendered infructuous and regarding the other petitioners, a direction was issued that their cases be taken up on priority basis and necessary sanctions be accorded within two weeks from the date of receipt of a copy of the order. According to the petitioners, despite the aforementioned order, the cases of the petitioners were not processed and settled, though they were in immediate need of treatment for the complicated chronic diseases, with which they were suffering. They, accordingly, filed the present petition under Sections 11 and 12 of the Contempt of Courts Act against the respondents for willful disobedience of the order dated 17.11.2008. Reply has been filed by respondent No.2. It has been mentioned therein that the aforementioned order passed by this Court on 17.11.2008 was received on 22.11.2008. Sanction was, thereafter, granted by respondent No.1 on 26.11.2008. In view of the same, a cheque dated 8.12.2008 received from the District Treasury, Tarn Taran was encashed on 13.12.2008. After obtaining necessary information from the Superintendent, Sri Guru Teg Bahadur Hospital, Amritsar, demand draft No. 317854 dated 9.1.2009 for an amount of Rs.7,42,500/- was got prepared in the name of aforementioned Superintendent. When respondent No.2 approached the Superintendent, Sri Guru Teg Bahadur Hospital, Amritsar for handing over the demand draft to him, the latter replied that he would seek approval from the Director, Research and Medical Education, Punjab, Chandigarh. The demand draft was, thereafter, received by the Superintendent on 5.2.2009 but the process initiated by the Superintendent of the Hospital in question COCP No.15 of 2009 3 for obtaining approval from the Director, Research and Medical Education, Punjab for the purchase of medicines is still in progress. However, till date no approval has been received by the Superintendent, Sri Guru Teg Bahadur Hospital, Amritsar. Dr Sandeep Kakkar, who is posted as Senior Medical Officer, Police Hospital, Tarn Taran has come present in the Court and states that petitioners-Baljit Singh, Sukhdev Singh and Surinder Singh are presently getting treatment in his Hospital and there is no need of taking the said petitioners to Sri Guru Teg Bahadur Hospital, Amritsar and that on account of emergent conditions because of non-starting of their treatment in Sri Guru Teg Bahadur Hospital, Amritsar, Baljit Singh, Sukhdev Singh and Surinder Singh, petitioners, are getting treatment in Police Hospital, Tarn Taran itself. There is sufficient infrastructure available in Police Hospital, Tarn Taran for providing necessary medical aid to the aforementioned three petitioners for the serious diseases they are suffering from. Learned counsel for the aforementioned petitioners says that the petitioners are satisfied with the treatment, which they are getting in Police Hospital, Tarn Taran. In view of the above, there is no need for taking petitioners- Baljit Singh, Sukhdev Singh and Surinder Singh to Sri Guru Teg Bahadur Hospital, Amritsar for treatment of Hepatitis C Virus, with which they are at present suffering. If they are not to be treated in Sri Guru Teg Bahadur Hospital, Amritsar, the respondents need not to pay the aforementioned amount of Rs.7,42,500/- to the said Hospital and instead, should take the draft for the said amount back. COCP No.15 of 2009 4 Learned State counsel submits that he has contacted Shri Harnam Dass, Medical Superintendent, Sri Guru Teg Bahadur Hospital, Amritsar and has been told that the draft already handed over by respondent No.2 to him on 5.2.2009 has not been encashed as yet. He has also been ensured that the draft in question would not be encashed for a couple of days. A direction is issued to the Medical Superintendent, Sri Guru Teg Bahadur Hospital, Amritsar to return the draft of Rs.7,42,500/-, which had been handed over to him on 5.2.2009, to respondent No.2 or any other person duly authorized by him. Necessary amount be thereafter made available by the respondents for providing necessary treatment to Baljit Singh, Sukhdev Singh and Surinder Singh, petitioners, for the diseases from which they are suffering. Radhey Sham-petitioner No.4 who is also suffering from Hepatitis C Virus is presently posted in 5th IRB, Amritsar. He can also be similarly treated as the other petitioners in Police Hospital, Tarn Taran. Dr Sandeep Kakkar, Senior Medical Officer states that necessary medical help shall also be provided to Radhey Sham-petitioner. Before parting with the order, the Court appreciates the steps taken by Dr Sandeep Kakkar, Senior Medical Officer, Police Hospital, Tarn Taran as well as by Senior Superintendent of Police, Tarn Taran in providing immediate medical aid to Baljit Singh, Sukhdev Singh and Surinder Singh in the Police Hospital, Tarn Taran itself, in spite of the fact that these persons were to be treated in Sri Guru Teg Bahadur Hospital, Amritsar, but on account of certain bureaucratic hitches, which came in the COCP No.15 of 2009 5 way of Hospital Authorities at Amritsar to obtain approval from the Director, Research and Medical Education, Punjab, no medical aid/assistance was provided to the aforementioned petitioners at Amritsar. Had the police authorities kept on waiting for Hospital authorities at Amritsar to obtain necessary approvals and then to start the treatment, the conditions of the petitioners would have deteriorated further. The present petition is, accordingly, disposed of. Rule is discharged. February 13, 2009 (T.P.S.MANN) Pds. JUDGE