Home / Crime and Justice / Court Halts Cruel Transfer of Disabled Man's Caregiver
Court Halts Cruel Transfer of Disabled Man's Caregiver
7 Oct
Summary
- High court quashed transfer of bank manager caring for disabled brother.
- Bank failed to consider its own safeguards for employees with dependents.
- Transfer deemed arbitrary and inhumane, violating constitutional rights.
The Rajasthan High Court has intervened in the arbitrary and inhumane transfer of a UCO Bank manager, Rahul Agrawal, who is the sole caregiver for his brother with thalassemia and a 75% permanent disability. The court quashed Agrawal's proposed posting nearly 1,000 km away, citing a violation of his constitutional right to health and dignity.
The High Court emphasized that UCO Bank failed to adequately consider its own Equal Opportunity Policy, which includes safeguards for employees caring for persons with disabilities. The policy provisions were deemed to have binding force, not mere charity.
Agrawal’s brother is wholly dependent on him for regular blood transfusions, medical treatment, personal care, and financial support. The bank’s rejection of Agrawal’s representation was labeled a "non-speaking order," demonstrating a lack of mind application.
While acknowledging that transfers are typically an incident of service, the court stated this principle is not absolute. It ruled that "administrative constraints" could not override the protective purpose of the bank’s special policy. The transfer order was quashed, allowing Agrawal to remain at his current posting until his case is reconsidered.
