IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9762 of 2008 UDAY BHANU TIWARI . Versus THE STATE OF BIHAR & ORS . ----------- 3. 17.8.2010 Heard learned counsel for the petitioner and the State. The petitioner is a Junior Engineer. He is stated to have suffered coronary pain when he was admitted in the Indira Gandhi Institute of Medical Sciences, Patna (hereinafter referred to as ‘IGIMS’) and underwent coronary angiography treatment. He was advised further check up at the All Indian Institute of Medical Science, New Delhi (hereinafter referred to as the ‘AIIMS’). He suffered a severe heart stroke thereafter in September, 2006 again and was rushed to Gorakhpur from where he was admitted in the Sanjay Gandhi Post Graduate Institute of Medical Sciences (hereinafter referred to as the ‘SGPGIMS’) and coronary angiography was done twice. He submitted his claim for medical reimbursement on treatments up to 5.11.2006 valued at Rs. 2,89,145.42/-. He suffered a fresh Angioplasty on 9.10.2007 at the SGPGIMC and incurred additional expenses of Rs. 1,32,175.20/-. The grievance is that his consolidated medical bills for reimbursement of Rs. 4,21,320.62/- still remained pending despite of having 2 submitted more than one representation. The writ petition was filed on 8.7.2008 after serving two copies in the office of the Advocate General in accordance with the High Court rules. The second copy was for the benefit of the State respondents to expedite filing of a counter affidavit to assist the Court in quick dispensation of justice. Nearly two years later, no counter affidavit has been filed and counsel for the State submits that he had received no instruction despite intimation. This Court directs the Principal Secretary, Road Construction Department, Government of Bihar to consider the claims of the petitioner. If the Principal Secretary has any queries with regard to the bills, it shall be his obligation and responsibility to satisfy himself of the queries from the places that the petitioner has undergone treatment. This Court is not persuaded that the petitioner who is stated to be a heart patient should be saddled with this responsibility. If the Principal Secretary proposes to disallow any part of the claim, he shall make the reasons known to the petitioner in writing with an opportunity to him to answer the same. These reasons shall not take within its ambit such issues and that part of the present order by which the responsibility to satisfy himself has been 3 fixed on the Principal Secretary himself from the places of treatment. It is only issues beyond that concerning the IGIMS, AIIMS, SGPGIMS which shall form part of the latter direction. The Principal Secretary shall then himself grant a personal hearing on the exception, to the petitioner and pass a reasoned and speaking order in the aforesaid manner within a maximum period of three months from the date of receipt/production of a copy of this order before him. The Court has been compelled to pass an order of the present nature when the citizen complains that despite his having performed his duties under the law and raised a claim for reimbursement, neither any objection has been communicated to him nor the claim has been decided. The writ application stands disposed with the aforesaid directions. P. Kumar ( Navin Sinha, J.)