IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.1979 of 2006 ANIL KUMAR SINGH Versus THE STATE OF BIHAR & ORS ----------- For the Petitioner : Mr. Basant Kumar Tripathy, Advocate For the Opposite Parties : Junior Counsel to Government Pleader-XI ------------- P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Kishore K. Mandal ------------- Dated, the 31st July, 2008. The present petitioner approached this Court for a direction to the respondents to reimburse the amount claimed by him in the sum of Rs.45,677/-. The writ petition was disposed of on 7th October, 2002 by the following order: - “The Commissioner-cum-Secretary, Health Department, Government of Bihar, who is present in the Court in another case, was asked about the claim of the petitioner and his attention was specifically drawn towards rule 26 which subscribes relaxation of rules for such cases as to when the petitioner was suffering from Cancer he had his Kidney removed within seven days from his being found suffering from the said disease was there any time for him to apply earlier and face a medical board. He immediately opined that he would be looking into the matter and all the reimbursable charges as per the rule to which he is entitled on being treated in a Government hospital, shall be reimbursed. It has been further contended that the petitioner has to go every three months to Mumbai for check up and other treatment such as Chemotherapy etc. He shall make further application before the Commissioner-cum- - 2 - Secretary, Health Department, Government of Bihar, who shall look into the matter and if reimbursement for the said treatment is allowed, he shall pass appropriate orders in accordance with law. Petitioner should make a representation along with a copy of this order within a period of four weeks from the date of receipt/protection of a copy of this order before the Commissioner-cum-Secretary, Health Department, Government of Bihar, Patna, who shall consider the claim of petitioner and pass appropriate orders as per his undertaking in Court within a further period of two weeks from the date of its filing.” 2. A cause has been shown by the opposite party no.3. It transpires therefrom that pursuant to the order dated 7th October, 2002, an amount of Rs.40,057/- has been reimbursed for petitioner’s treatment at Tata Memorial Hospital. The other claim of the petitioner is not admissible. Reasons thereof have been set out in paragraph 4 of the show cause, which read thus: - “4. That it is humbly relevant to state and submit that in pursuance of the order of this Hon’ble Court passed in C.W.J.C. No. 9449/2002 dated 7.10.2002, the admissible amount of Rs.40,057.00 (Rupees forty thousand fifty seven only) was reimbursed as per the rules, to the petitioner vide Health Department’s sanctioning order memo No.6139(14) dated 27.12.2002 for Medical treatment at Tata Memorial Hospital Mumbai. It is further relevant to state that on the petitioner’s representation dated 25.05.2005 the order of the Govt was communicated to the petitioner vide Health Department letter No.1622(14) dated 16.7.2005, explaining all about the claim of Medical reimbursement of the petitioner.” 3. We are satisfied that the respondents cannot be held guilty for any deliberate disobedience of the order dated 7th - 3 - October, 2002. 4. M.J.C. is liable to be dismissed and is dismissed accordingly. R. M. Lodha, CJ Kishore K. Mandal, J Pawan/-