Judgment 1. The present writ application has been filed by the petitioner for a direction to the Respondents to re-imburse the amount claimed by him amounting to Rs. 45,677/-. 2. The contention on behalf of the petitioner is that as blood was detected in urine of the petitioner and the treating doctor namely Dr. D.K. Srivastava Ex-Professor and Head, Department of Medicine, Patna Medical College and Hospital detected Cancer and advised him to rush to Tata Memorial Hospital, Mumbai for the specialised treatment. Petitioner having no other option but to rush there and got one of his kidney removed due to Cancer. The petitioner could not apply in the prescribed proforma for payment of his medical reimbursement as was required under such re-imbursement rules. However, subsequently, petitioner after his return from Mumbai made an application to the appropriate authority in a proper proforma but the said application has been rejected giving him no option but to move this Court for a direction to the respondents for reimbursement of his legal charges meted for his treatment. 3. The Commissioner-cum-Secretary, Health Department, Government of Bihar, who is present in Court in another case, was asked about the claim of the petitioner and his attention was specifically drawn towards rule 26 which subscribes relaxation of rules for such cases as to when the petitioner was suffering from Cancer he had his kidney removed within seven days from his being found suffering from the said disease was there any time for him to apply earlier and face a medical board. He immediately opined that he would be looking into the matter and all the re-imbursable charges as per the rule to which he is entitled on being treated in a Government hospital, shall be re-imbursed. 4. It has been further contended that the petitioner has to go every three months to Mumbai for check up and other treatment such as Chemotherapy etc. He shall make further application before the Commissioner-cum-Secretary, Health Department, Government of Bihar, who shall look into the matter and if re-imbursement for the said treatment is allowed, he shall pass appropriate orders in accordance with law. 5.
He shall make further application before the Commissioner-cum-Secretary, Health Department, Government of Bihar, who shall look into the matter and if re-imbursement for the said treatment is allowed, he shall pass appropriate orders in accordance with law. 5. Petitioner should make a representation along with a copy of this Order within a period of four weeks from the date of receipt/production of a copy of this Order before the Commissioner-cum-Secretary, Health Department, Government of Bihar, Patna, who shall consider the claim of petitioner and pass appropriate orders as per his undertaking in Court within a further period of two weeks from the date of its filing. 6. This writ application stands disposed of with the aforesaid direction and observation. 7. Let a copy of this Order be handed over to learned counsel for the parties by tomorrow.