IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11036 of 2009 Chandra Bhushan Pandey, son of Late Deo Nandan Pandey, presently residing in Mohalla Vikash Colony, A.G. Colony, Main Road, P.S. Shastri Nagar, Town and District Patna Versus 1. Allahabad Bank through the General Manager (Personnel Administration), Allahabad Bank, Personnel Administration Department, Head Office, 2, Netaji Subhash Road, Kolkatta. 2. The Assistant General Manager (Personnel Administration), Allahabad Bank, Personnel Administration Department, Head Office, 2, Netaji Subhash Road, Kolkatta. 3. The Chief Manager (Personnel Administration), Allahabad Bank, Personnel Administration Department, Head Office, 2, Netaji Subhash Road, Kolkatta. ----------- 03/ 02.07.2010 Heard learned counsel for the petitioner and the Allahabad Bank (hereinafter referred to as the Bank), who has not filed counter affidavit in spite of direction of this Court contained in order dated 28.8.2009, in the circumstances, the writ application is being disposed of without the benefit of the counter affidavit of the Bank after rejecting the prayer of the counsel for the Bank for further adjournment to file counter affidavit. 2. Petitioner is aggrieved by the order dated 5.5.2009, Annexure-4, passed by the Chief Manager (P.A.) of the Bank, whereunder request of the petitioner to sanction and forward the medical treatment bill of 2 his mother and son dated 21.2.2009 and 15.2.2.009 for payment by the Insurance Company has been rejected. 3. From perusal of the impugned order, it appears that the two medical bills have not been sanctioned and forwarded for payment as the bills relate to the period 19.4.2007 to 26.4.2007, 3.5.2007 to 27.5.2007, 19.6.2007 to 23.6.2007 and 18.9.2007 to 20.9.2007, but was submitted on 21.2.2009 and 15.2.2009, which is evident from the bills Annexures-2 and 3 itself. It also appears from the impugned order that as the bills were not furnished within 30 days from the date of discharge of the patient from the hospital together with the requisite documents relating to pre and post hospitalization expenses, the same was not forwarded. 4. Learned counsel for the petitioner states that there is no rule which enjoins the servant of the Bank to furnish the bill claiming medical reimbursement within 30 days from the date of discharge from the hospital. In the circumstances, according to learned counsel for the petitioner, even if the bill was submitted belatedly, same ought to have 3 been sanctioned and forwarded to the Insurance Company for payment. 5. Counsel for the Bank has opposed the prayer. He states that there may not be any rule asking the Bank servant to submit the bill within 30 days from the date of discharge of the patient from the hospital, but bill has to be submitted within a reasonable time so that it is sanctioned by the Bank after verifying the factum of illness and forwarded to the Insurance Company for claiming reimbursement and as the petitioner has taken more than one year to submit the two bills, the same could not be sanctioned and forwarded to the Insurance Company for claiming reimbursement, as Bank is apprehending that delayed forwarding of the bills may not serve any purpose with the Insurance Company. 6. Counsel for the petitioner in rejoinder, submitted, with reference to the contents of the letter of the petitioner dated 21.2.2009, Anneure-2/1 and 20.2.2009, Annexure-3/1, whereunder the two bills were forwarded, that petitioner had explained the circumstances in which submission of the bills was 4 delayed. In this connection, it is also pointed out, with reference to the averments made in the two letters that petitioner himself had become ill at the relevant time, in the circumstances, was constrained not to submit the two bills within a reasonable time from the date of discharge of the patient from the hospital. 7. Without going into the correctness or otherwise of the causes of delay in submitting the bills, I quash order dated 5.5.2009, Annexure-4 to this application and direct the competent authority of the Bank to consider the two bills along with the documents relating to pre and post hospitalization expenses and if the Bank is satisfied about the factum of illness and hospitalization of the patient then to forward the bills to the Insurance Company for the needful, as early as possible, in any case within one month from the date of receipt/ production of a copy of this order. 8. The writ application is, accordingly, disposed of. Arjun/ ( V.N. Sinha, J.)