Himachal Pradesh High Court
Mohammad Shan vs . State Of Himachal Pradesh And on 25 March, 2025
Author: Sandeep Sharma
Bench: Sandeep Sharma
Mohammad Shan vs. State of Himachal Pradesh and others CWP No.5343 of 2023 25.03.2025 Present Mr. P.P.Chauhan, Advocate, for the petitioner.
Mr. Anup Rattan, Advocate General with Mr. Rajan Kahol, Mr. Vishal Panwar and Mr. B.C.Verma, Additional Advocate Generals and Mr. Ravi Chauhan, Deputy Advocate General, for the respondent-State.
[ Being aggrieved and dissatisfied with notice dated 4.7.2023, whereby petitioner herein came to be called upon to deposit sum of Rs.6,53,929/- on account of his having wrongly received aforesaid amount for implantation of Cochlear Nucleus Kanso-2 of his son, petitioner has approached this Court in the instant proceedings.
In nutshell, the case of the petitioner as came to be highlighted in the petition and further canvassed by learned counsel for the petitioner, is that sum of Rs. 12,20,625/- was advanced in favour of the petitioner for treatment of his son by Director Health Services on the basis of facility provided by the PGI, Chandigarh and as such, no recovery can be effected on the ground that amount over and above ceiling limit was advanced in favour of the petitioner for treatment of his son.
During the proceedings of the case, it transpired that though in terms of rules occupying the field only a sum of Rs. 5, 35000/- could have been reimbursed to the petitioner for implantation of Cochlear Nucleus Kanso-2 of his son, but interestingly within a period of one day of submission of the application by the petitioner, who is otherwise employee of Health Department, Office of Chief Medical Officer, Sirmour at Nahan forwarded the case of the petitioner to the Director Health Services, Himachal Pradesh, who without bothering to see the rules, proceeded to accord sanction for payment in advance to the tune of Rs. 12,20,625/- i.e. 75% of the total estimate given by the PGI, Chandigarh. Once petitioner herein pressed for balance amount, it came to be noticed by CMO, Sirmour at Nahan that maximum amount of more than Rs. 5, 35000/- could have been sanctioned for implantation of Cochlear Nucleus Kanso-2 of his son. In the aforesaid background, impugned notice came to be issued to the petitioner.
Since after having heard learned counsel for the parties and perused the material available on record, this Court is prima-facie of the view that petitioner, who admittedly is working as Senior Assistant in the Office, CMO Sirmour at Nahan with the help and aid of the higher authorities i.e. CMO, Sirmour and Director Health Services has been able to get the amount sanctioned over and above prescribed limit and authority responsible for sanctioning such amount has sanctioned the huge amount in advance in violation of the rules, this Court finds it necessary to call for the explanation from the officials responsible for sanctioning of amount dehors the rules. Since person manning the post at relevant time i.e. CMO and Director Health Services have retired, this Court vide order dated 24.03.2025 specifically called upon learned Additional Advocate General to make available details of the then CMO, Sirmour and the then Director Health Services, Himachal Pradesh. Pursuant to afore order, learned Additional Advocate General has made available address of aforesaid officials, which are as under:-
1. Dr. Anita Mahajan, C/o Kothi No.269, Sector 26 Panchkula, Haryana-134116(Retired Director Health Service, Himachal Pradesh).
2. Dr. Sunil Kumar, (Retired CMO), Village Kot, Ward No.1, Hospital Road, Nadaun, District Hamirpur, Himachal Pradesh-177033.
Registry is directed to issue notice to aforesaid Officers, who are ordered to be served through Director Health Services, Himachal Pradesh on or before the next date of hearing. Registry while doing so, shall ensure that notices are served upon aforesaid officers on or before the next date of hearing with a direction to come present before this Court on the next date of hearing to explain their position. List on 2.5.2025.
(Sandeep Sharma) Judge March 25,2025