Per: Hon’ble Suchitto Kumar Das, Administrative Member

The applicant has approached this Tribunal under Section 19 of the

Administrative Tribunals Act, 1985 praying for the following relief:

“(a) An order quashing the impugned order dated 04.05.2017 passed

by the respondent no. 4 rejecting the medical reimbursement claim for

an amount of Rs. 57,375/-.

(b) An order issuing direction upon the respondent authorities

to sanction and pay the amount of Rs. 57,375/- along with

interest, as applicable towards medical reimbursement cost

undertaken by the applicant herein.

(c) An order directing the respondents to cause production of

the original Case File No. S 37 (Med)-61/2016 Accts. .

(d) An order as to costs.

(e) Any other order or further order/orders as to this Hon’ble

Tribunal may deem fit and proper.”

2.

This matter is taken up by Single Bench, in view of the revised list dated

04.04.2000 issued under Sub-section (6) of Section 5 of the Administrative

Tribunals Act, 1985, as no complicated question of law is involved in this

matter, with the consent of both the parties.

3.

The applicant is an employee of the Customs and Excise Department. He

had undergone a bypass surgery of the heart earlier and was a cardiac patient.

He fell unconscious on 21.11.2016 and on the advice of his family physician he

was admitted to Apollo Gleneagles Hospital by his wife on 21.11.2016. He was

discharged from the hospital on 23.11.2016. As per the applicant, his wife

informed the CGHS authorities of his hospitalization on emergency basis

immediately after his discharge from the hospital on 23.11.2016. He incurred

an expenditure of Rs. 57,375/- for his treatment in Apollo Gleneagles Hospital

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from 21.11.2016 to 23.11.2016. He filed a claim for reimbursement of the

medical expenses with the authorities on 09.12.2016. After several

representations, his claim was considered and rejected by the respondents

vide their letters dated 29.03.2017 and 04.05.2017. Hence, this OA.

4.

Learned Counsel for the applicant submits that as per circular of MoH &

FW dated 07.03.2000, the Head of the Department is competent to sanction

the medical expenses incurred in an emergency for the treatment in a private

hospital. He further submits that the department had recommended the

reimbursement of his claim to the extent of CGHS limits for individual item as

per rules. This claim was initially rejected by the Additional Commissioner

who is not the competent authority to take the final decision in the matter.

Learned Counsel for the applicant submits that although the competent

authority, i.e., the Commissioner of Customs, confirmed the rejection of his

claim by a subsequent letter, his decision was unduly influenced by the earlier

rejection of the claim by the Additional Commissioner. Reiteration of the same

reasons for rejection of the claim, as were cited by the Additional

Commissioner, reveals lack of application of mind by the Head of Department.

Therefore, the decision of the respondents to reject the claim of the applicant

is liable to be set aside.

Learned Counsel for the applicant cites the judgment of the Hon’ble

Supreme Court in Shiva Kant Jha vs. Union of India in Writ Petition (Civil)

No. 694 of 2015 in support of his argument that the applicant as a

Government employee had unfettered right to seek medical treatment in a

suitable hospital in an emergency and that expenditure incurred for such

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treatment is liable to be reimbursed to him in full as directed by the Hon’ble

Supreme Court in Shiv Kant Jha (supra).

5.

Per contra, Learned Counsel for the respondents submits that the

applicant did not comply with the requirements laid down in Office Circular

dated 28.07.2010 while applying for reimbursement of medical expenses in

an emergency as per the provisions in MoH & FW circular dated 07.03.2000.

As per the circular dated 28.07.2010 issued by the respondents to regulate

reimbursement of medical claims, emergency treatment is to be availed