Reimburse Rs 3 lakh to constable for son’s cochlear implant surgery: HC tells CRPF

S Shyam Prasad | NT

Bengaluru: The High Court of Karnataka has directed the Director General of Police, Central Reserve Police Force (CRPF) to reimburse Rs.3 lakh rupees to a constable whose son underwent a cochlear implant.

The reimbursement was denied on grounds that a Standing Committee of the CRPF had not approved and recommended the reimbursement.

The HC said that this was of no consequence as the constable had first taken his son to the CRPF Hospital and then to other hospitals.

“The contentions urged by the respondent that the Standing Committee had not approved and recommended the reimbursement is of no consequences, as the petitioner did not take the child directly to Apollo Hospital, but was due to chain of reference that the child had to be treated at Apollo hospital, Bengaluru,” the HC said.

The petition filed by K Mahendra Singh was heard by Justice R Natarajan.

He had served in the CRPF for 25 years and at the time of filing the petition in 2017 was serving as a head constable in general duty in the 91st Battalion. His son born in 2004 was suffering from bilateral severe hearing loss.

He took him to the Composite Hospital Hyderabad in 2006 and was referred to the Nizam Institute of Medical Sciences as there were no ENT specialists at the CRPF hospital.

He was then referred to the Victoria Hospital in Bengaluru. After an audiology report from the Institute of Speech and Hearing the Victoria Hospital referred him to Apollo Hospital which suggested cochlear implants.

The Medical Superintendent of CRPF endorsed the suggestion. The cost of the transplant was estimated at Rs.11.5 lakh which was communicated to the Commandant 46th Battalion of CRPP but there was no reply.

Apollo Hospital waived off Rs.8.5 lakh and asked Singh to arrange for Rs.3 lakh. Singh personally arranged for it and when he sought reimbursement it was denied by CRPF. After several rounds of communication he approached the HC in 2017.

The HC gave its judgement recently. The HC said that since the chain of events began in the CRPF hospital which referred Singh’s son to a private hospital, it was bound to pay.

“In that view of the matter, the contentions urged by the respondents do not hold any water and they are bound to be directed to reimburse the expenses incurred by the petitioner at the earliest,” it said.

Singh was directed to furnish the necessary documents “to the respondents for immediate and necessary action.”

The HC also warned that the reimbursement should be made within one month.

“If respondent No.2 fails to pass appropriate orders within one month, the respondent No.2 shall pay interest at rate of 12% per annum from the 45th day, and the interest that may be paid by respondent No.2 shall be recovered from the concerned official who may be responsible for the delay,” the HC said disposing the petition. (WP 12479/2017)