IMPORTANT POINT
The recovery of a loan amount from an employee's salary can be justified if the employee defaults in repayment, despite receiving medical care and financial assistance.

JUDGMENT

Saurabh Banerjee, J.

1. As per facts involved, the petitioner after having joined Sashastra Seema Bal (hereinafter referred to as `SSB') as a Constable on 01.02.2006, remained posted to 11 Bn until 07.04.2012, whereafter he was posted to 42 Bn at Coy Hqr, Gandoh, J&K on 18.04.2012.

2. On 01.10.2013, the petitioner, vide an application to the Commandant 42 Bn, requested for self-treatment from any of the SSB empanelled Hospital for his kidney ailment. In response, the Director (Medical) FHQ SSB, New Delhi accorded the permission on 04.10.2013. Based thereon, the petitioner reported at 25 Bn, SSB Ghitorni, New Delhi on 06.10.2013, where he was accommodated at the unit Hospital for dialysis. The petitioner was further kept on dialysis at an SSB empanelled Hospital being the Asian Institute of Medical Science, Faridabad, Haryana on credit basis through 25 Bn, SSB Ghitorni, New Delhi from 07.10.2013 to 17.03.2015.

3. In the meantime, the petitioner, vide an application dated 06.02.2014, made a request to the Commandant 42 Bn seeking permission to proceed for kidney transplant at Sir Ganga Ram Hospital, New Delhi (hereinafter referred to as `SGRH'). In response, 25 Bn, SSB Ghitorni, New Delhi on 27.02.2014 categorically informed the petitioner that SGRH was neither recognized under Central Government Health Scheme (hereinafter referred to as `CGHS') nor is it an empanelled Hospital with the SSB. Despite thereto, the petitioner, nevertheless, proceeded for his medical treatment from SGRH and in fact vide an application dated 16.06.2014, applied for a medical advance of Rs.11,00,000/-. Needless to say, the said application was returned to him vide memorandum dated 13.10.2004 alongwith the following remarks of the Ministry of Home Affairs (hereinafter referred to as `MHA'):

"a. As per Central Service Medical Attendance Rules, treatment in a private Hospital can only be obtained in an emergency cases involving accidents, serious nature of disease etc, in case no Government or recognized Hospital is available nearer than the private Hospital. Whereas, in the instant case it appears that the petitioner was taking treatment from a long time back. Moreover, no emergency certificate has been issued by Sir Ganga Ram Hospital.

b. The petitioner in his application has stated that ABO Incompatibility facilities are not Renal Transplantation available in Apollo Hospitals and AIIMS, New Delhi Whereas, neither these Hospitals furnished any certificate regarding non availability Transplantation of ABO Incompatibility Renal facilities nor patient to Sir Ganga Ram Hospital for management referred the further management."

4. Thereafter, on the petitioner applying for a loan amount of Rs.6,00,000/- to the Central Welfare Fund (hereinafter referred to as `CWF') of the SSB for his kidney transplant, the CWF sanctioned an interest free loan of Rs.6,00,000/- to the petitioner, vide order No.35/SSB/Wel/Medi Loan/13/517-19 dated 27.01.2015.

5. After that, the petitioner submitted a medical reimbursement bill of Rs.11,21,716/- which was forwarded by the department to the Joint Director (R&H), CGHS (HQ), New Delhi for consideration, who vide letter No.S-9827/2015/R&H/CGHS(HQ)/1918 dated 10.08.2015 advised reimbursement of the medical expenses as per CGHS rates approved vide Serial No. 809 of the CGHS Rate List OM dated 01.10.2014. Accordingly, the claim of the petitioner was processed and admitted for Rs.6,35,827/- and payment qua the same was made in October, 2015.

6. As per respondents, as it was categorically decided in the 24th Governing Body Meeting of the SSB CWF dated 21.12.2014 that upon the reimbursement of his medical bill, the petitioner had to repay the loan amount sanctioned by the CWF and as he was wilfully not paying, it was decided by the respondents that a monthly recovery of Rs.30,000/- should be made from his salary.

7. Aggrieved thereby, the petitioner filed the present petition under Article 226 of The Constitution of India, seeking the foll