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2003 Supreme(Pat) 344

SHASHANK KR.SINGH
Raj Kumar Devi – Appellant
Versus
State Of Bihar – Respondent


Judgment

1. Present writ application has been filed for quashing the letter no. 1376(14) dated 28.2.2002 issued under the signature of Deputy Director, Health Services, Government of Bihar, whereby and whereunder by only sanctioning medical expenditure of Rs. 65,805.31 further amount of Rs. 46,997.69 has been directed to be readjusted as unutilised amount and recovery of the same has been directed. The aforesaid letter is contained in Annexure-16.

2. A further prayer has been made for actual re-imbursement of entire expenditure which has been accrued due to medical treatment on the husband of writ petitioner as certified by Sanjay Gandhi Post Graduate Institute of Medical Sciences, Lucknow (hereinafter to be referred to as S.G.P.G.I.Lucknow).

3. The short facts of the present case is that the petitioners husband was an employee of the State Government in the Health Department and vide Annexure-1 on 20.7.1998 he through the Civil Surgeon-cum-Chief Medical Officer, Nawada applied for sanction of amount of Rs. 2 lacs for getting his kidney replaced. The aforesaid letter was duly recommended by the doctor of P.M.C.H. for his treatment outside the State of Bihar. From Annexure-2 it would



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