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[ 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.