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2007 DIGILAW 1780 (RAJ)

Union of India v. The Central Administrative Tribunal

2007-09-19

MAHESH CHANDRA SHARMA, R.M.LODHA

body2007
JUDGMENT 1. 1. We heard the counsel for the petitioners. In a matter like this, the Central Government would have been well advised to abide by the order of the Central Administrative Tribunal. 2. The patient was wife of retired railway servant. She took treatment at unrecognised private hospital for the period from 19.6.2002 to 26.6.2002 and 18.8.2002 to 29.8.2002. According to the respondent no.2 herein .(original applicant), the treatment was taken in the private hospital in emergent circumstances and, therefore, the reference by the authorised Medical Officer and prior permission was riot taken. 3. From the medical documents which were produced before the Tribunal. It was apparent that wife of the original applicant was admitted in emergent condition since she complained large number of loose motions with fever and pain abdomen. It was found that it was a case of hepaticell ular carcinoma with increased alpha feto protein with cirrhosis with ascities, jaundice. 4. By no stretch of imagination, can it be said that it was not a case of emergent situation ? Moreso, it is a fact that she died on 4.9.2002 i.e. within six days of her discharge from the hospital on 29.8.2002. 5. In the circumstances the consideration of the matter by the Tribunal is proper justifying no interference. 6. Writ petition is dismissed in limine.Writ petition dismissed in limine. *******