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2021 Supreme(Guj) 108

SONIA GOKANI, SANGEETA K.VISHEN
Comptroller And Auditor General Of India – Appellant
Versus
Bipinchandra Mulchand Sheth – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MR SHUSHIL R SHUKLA
For the Respondent: MR CK DIVAKARAN

ORDER :

(PER : HONOURABLE MS. JUSTICE SONIA GOKANI)

1. This is a petition preferred questioning the order dated 11.09.2019 passed in Original Application No.356 of 2018 by the Central Administrative Tribunal (‘the CAT’ for short), Ahmedabad Bench allowing medical bills of the respondent in the following factual background.

1.1 The respondent was superannuated on 30.11.2016 from the post of Senior Audit Officer from the office of petitioner No.2 and he continued to stay at Rajkot with his wife. The wife of the respondent was detected with advance stage of cancer of anal canal. She was required to undergo the medical treatment. The respondent being the beneficiary under the Civil Services (Medical Attendance) Rules, 1944 ('the Rules' for short) was entitled to the reimbursement of the medical bills. His wife was referred to Aaruni Hospital Rajkot by Authorised Medical Attendant (the ‘AMA’ for short) for emergency treatment and for her anal canal cancer, she underwent the Chemo-Therapy Radiation and during the treatment she passed away on 09.07.2017 after being in Coma for nearly 45 days in the hospital itself.

1.2 The case of the respondent before the CAT was that there was no referral h

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