Public Sector Bank employees with disability cannot be transferred: H.C

http://www.dnis.org/news.php?issue_id=16&volume_id=3&ne 

D.N.I.S. News Service - In a significant move, the Delhi High Court has issued 
a directive exempting public sector bank employees with at least 40 per cent 
disability from routine transfers and has added even in most special cases the 
transfer should be in or around the employee's hometown.

A bench of Chief Justice B.C. Patel and Justice Sanjay Kishan Kaul made these 
observations while hearing a petition by V.K. Bhasin, an employee of State Bank 
of Patiala, who was disabled in a road accident.

After a number of surgical procedures and being bed-ridden for over 10 months, 
Bhasin re-joined the bank in Dehradun in 1997. Three years later he was served 
Transfer Order to proceed to Varanasi, which he objected to on the ground of 
his disability.

The bank, however, asked him to produce a medical certificate stating that he 
could not travel, but the Chief Medical Officer of Dehradun turned down the 
request for the certificate. Incidentally, the bank didn't even permit him to 
opt for the Voluntary Retirement Scheme. Three years later, Bhasin approached 
the Delhi High Court but failed to get any relief from the Court as his medical 
certificate stated his disability to be only 28 per cent. 

Following this, Bhasin challenged the certificate itself and claimed that 
procedures were not followed. Later, doctors at Delhi's Ram Manohar Lohia 
hopsital examined him three times and found him to be 40 per cent disabled.


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