Balmiki Tiwari vs The State Of Jharkhand & Anr
2022 Latest Caselaw 1389 Jhar

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IN THE HIGH COURT OF JHARKHAND AT RANCHI
         Cont. Case (Civil) No. 601 of 2019
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Balmiki Tiwari                             ...    Petitioner
                               Versus
The State of Jharkhand & Anr.              .... Opp. Parties
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CORAM:HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD

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For the Petitioner :Mr. Amit Kumar Tiwari, Advocate. For the Respondents :Mr. Navneet Toppo, A.C to S.C. V

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Order No. 14/Dated 7th April, 2022

Reference may be order dated 26.08.2021.

The aforesaid order was passed taking into

consideration the fact that the Secretary, Health Medical

Science and Family Welfare Department, Govt. of

Jharkhand has taken a decision by passing reasoned

order dated 06.04.2021 for making payment of the

amount pertaining to medical reimbursement due to

expenditure spent on the son of the petitioner on the basis

of sanction/decision made in accordance with law by the

Health Department but such order/decision has not been

brought on record, therefore, direction was passed by this

Court to bring the same on record.

Today, when the matter was taken up, Mr. Navneet

Toppo, A.C to learned S.C. V appearing for the Opp.

Parties submits that no affidavit in compliance of order

dated 26.08.2021 has been filed. However, referring to

show cause dated 07.04.2021 filed on behalf of Opp. Party

No. 2, he has submitted that in compliance of order dated

03.12.2018 passed by this Court in W.P. (S) No. 1780 of

2015 reasoned order dated 06.04.2021 has been passed.

Referring to the same, he submits that the order was

passed that whatever amount the petitioner would be

made entitled to get, as per the Department of Health,

Medical Science and Family Welfare, shall be paid to the

petitioner. Accordingly, an amount of Rs. 90,923/- has

been paid to the petitioner, as would be evident from

Annexure A to the additional show cause dated

08.09.2021.

Mr. Amit Kumar Tiwari, learned counsel for the

petitioner has submitted that the writ Court vide order

dated 03.12.2018 in W.P. (S) No. 1780 of 2015 at

paragraph 5 passed specific direction upon the the

Secretary, Human Resources Development Department,

Government of Jharkhand to take necessary endeavors to

verify the genuineness of the medical prescriptions

annexed with the representation of the petitioner by

sending it before the concerned hospital within three

weeks from the date of receipt of a copy of this order.

For ready reference, paragraph 5 of the order dated

03.12.2018 passed in W.P. (S) No. 1780 of 2015 is

reproduced hereinbelow:

5.Upon hearing learned counsel appearing for the parties and taking into consideration the stand taken by the State- respondent, learned counsel for the petitioner has consented to make a fresh detail representation before the Secretary, Human Resources Development Department, Government of Jharkhand who will take necessary endeavors to verify the genuineness of the aforesaid medical prescriptions annexed with the representation of the petitioner by sending it before the concerned hospital within three weeks from the date of receipt of a copy of this order.

Learned counsel for the petitioner has further

drawn attention of this Court towards show cause dated

12.04.2021, in particular Annexure B, which is a

communication dated 01.04.2021 made by Sandip Kumar,

Joint Secretary, School Education & Literacy Department

to Sandip Dubey, Chief Executive Officer, Jharkhand

Bhawan, New Delhi, has submitted that by such

communication request was made to procure original

medical bill of son of petitioner from the concerned

hospital i.e., Sir Ganga Ram Hospital, which itself suggest

that bill which was submitted by the petitioner was never

sent before the concerned hospital for verification rather

on the basis of final bill submitted by the hospital amount

of rupees ninety thousand and odd has been paid to the

petitioner. Therefore, submission has been made that

order 03.12.2018 passed in W.P. (S) No. 1780 of 2015 has

not been complied with in letter and spirit since this Court

had passed specific direction to make payment after

verifying the genuineness of the medical prescriptions

annexed with the representation of the petitioner by

sending it before the concerned hospital and as such it

was bounden duty of the authority concerned to get the

bills verified from the concerned hospital.

In response, Mr. Toppo, A.C to learned S.C. V

appearing for the Opp. Party has failed to satisfy this

Court rather he is fair enough to admit the fact, on the

basis of documents available on record, that bills which

were annexed with the representations had never been

sent to the hospital for its verification, however, submits

that as per final bill submitted by the hospital the amount

against medical reimbursement of the son of the petitioner

has been paid to the petitioner.

This Court, after hearing learned counsel for the

parties and perusing the show cause filed on their behalf,

prima facie is of the view that the Opp. Parties are trying to

dupe the Court by taking plea that the

documents/medical bills were sent for verification for

hospital but on perusal of Annexure-A to C of show cause

dated 12.04.2021 it appears that bills submitted with

representation of the petitioner was never sent and verified

and plea has been taken that the documents are not

available with the hospital, which cannot be accepted.

Therefore, this Court, is prima facie of the view that

direction as passed at paragraph 5 of the judgment/order

dated 03.12.2018 in W.P. (S) No. 1780 of 2015, has not

been complied with.

At this stage, Mr. Toppo, has sought for

adjournment of the matter for a week so that he may come

with compliance report.

In view thereof, let this matter be posted on 28th

April, 2022.

It is made clear that if the compliance report is not

filed by the next date of hearing, the Secretary, School

Education and Literacy Department, Govt. of Jharkhand

and the District Superintendent of Education, Garhwa will

have to appear in person for framing of charge.

Let the original record called for by this Court vide

order dated 29.07.2021 be returned to Mr. Toppo, A.C to

learned S.C- V for its onward transmission.

(Sujit Narayan Prasad, J.) Alankar/-