Facts
The Applicant, a Senior Store Assistant at DESIDOC, DRDO, filed an application under Section 19 of the Administrative Tribunals Act, 1985, seeking directions for administrative sanction of a life-saving medical procedure (CLIPP) for his mother.
Source reference: para. 2, 3The Applicant’s mother suffers from "Recurrent Acute Decompensated Heart failure" and is a beneficiary of the Central Government Health Scheme (CGHS).
Source reference: para. 3The Applicant alleged that despite providing a medical summary from Max Hospital, Vaishali, the respondents failed to act upon his requests for administrative sanction.
Source reference: para. 3The respondents contended that the Applicant failed to follow the proper protocol, citing a communication dated 09.04.2025, which required the Applicant to approach the CGHS Wellness Centre first rather than the CGHS Headquarters directly.
Source reference: para. 4, 5Issues
1. Whether the respondents are liable to accord administrative sanction for the life-saving medical procedure for the Applicant's mother.
Source reference: para. 2, 8.22. Whether the Applicant followed the prescribed administrative procedure for seeking such medical sanction under the CGHS.
Source reference: para. 4, 5Law Applied
The Tribunal exercised its jurisdiction under Section 19 of the Administrative Tribunals Act, 1985.
Source reference: para. 2The core legal principle applied was the adherence to established administrative protocols for CGHS sanctions, specifically the requirement that beneficiaries must route permission requests through the designated CGHS Wellness Centre before processing by the Additional Director or Headquarters.
Source reference: para. 5The court also emphasized the duty of the administration to decide on life-saving medical grievances within a reasonable timeframe.
Source reference: para. 7Reasoning
The Tribunal analyzed the communication from the Additional Director (RH) CGHS (HQ) dated 09.04.2025, which explicitly informed the Applicant that permissions for such procedures are not processed at the Headquarters level and must be initiated through the CGHS Wellness Centre.
Source reference: para. 5The Tribunal noted that the Applicant's direct approach to the Headquarters and the Ministry was procedurally premature.
Source reference: para. 6Recognizing the urgency of the "life-saving procedure," the Tribunal avoided a dismissal on technical grounds.
Source reference: para. 6Instead, it harmonized the procedural requirements with the Applicant's medical exigency by directing the Applicant to follow the correct administrative channel (the Wellness Centre) while simultaneously imposing a time-bound mandate on the respondents to ensure the life-saving treatment was not delayed by administrative lethargy.
Source reference: para. 6, 7Holding
The Tribunal disposed of the O.A. without expressing an opinion on the merits of the case.
It directed the Applicant to approach the CGHS Wellness Centre in accordance with the communication dated 09.04.2025.
Source reference: para. 6Respondent No. 3 was specifically directed to consider the Applicant’s grievance and the request for administrative sanction in accordance with the law as expeditiously as possible, preferably within two weeks from the date of receipt of the order.
Source reference: para. 7No order as to costs was issued.
Source reference: para. 9Original Court PDF
RAKESH MALRAvsDEFENCE RESEARCH AND DEVELOPMENT ORGANIZATION (DRDO)
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