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2003 Supreme(P&H) 732

S.S.NIJJAR, S.S.GREWAL
Rcp Karn – Appellant
Versus
Union Of India – Respondent


Judgment

S.S.Nijjar, J.

1. Mr. Bawa has brought to our notice the provisions of Rule 3 of the Central Services (Medical Attendance) Rules, 1944 (hereinafter referred to as "the Rules), which provides that on a certificates being issued by the Authorised Medical Attendant, the Government servant shall be entitled to reimbursement of the medical expenses incurred by the employee for his treatment. Further more, Rule 6 of the Rules, provides that a government servant shall be entitled to free of charge treatment which has been availed by the government servant in any hospital at or near the place where he falls ill as can in the opinion of the authorised medical attendant provide the necessary and suitable treatment This rule further provides that if no such hospital as referred to in Sub-clause (a) is available, the employee can avail medical treatment from such hospital other than a government hospital at or near the place where the employee falls ill. However, a proviso is added to Rule 3 as well as Rule 6 enabling the Controlling Officer to reject the claim for reimbursement if he is dis-satisfied with the genuineness of the claim. This proviso, enjoins on the Controlling Officer t
















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