BHIM SINGH Vs. AGM STATE BANK OF INDIA

JUDGEMENT

(1.) The proceedings in the matter have been conducted through hybrid mode [physical and virtual mode].

(2.) The case of the petitioner is that AKS has been rendered incapacitated and bedridden as he has been suffering from acute ischemic strokes since 2018. According to the petitioner, AKS's health worsened in November, 2020, for which he had to be hospitalized. A discharge report of the Department of Neurology of the All India Institute of Medical Sciences, New Delhi ["AIIMS"] dated 07.11.2020 has been placed on record [Annexure P-3 to the writ petition] in this regard. He further submits that an amount of Rs.30,000 per month would be required so as to meet AKS's daily and medical expenditure, including doctors' fees, medicines, food, therapist, nurse etc. Although AKS is married and has two children (who were impleaded in this petition as respondent nos. 3 to 5 vide order dated 11.01.2021), it is stated that he and his wife had mutually decided to part ways on account of marital discord. A settlement dated 06.02.2020 was entered into by them (Annexure P-5 to the writ petition), which has, however, not been enforced due to the ailing health of AKS. The petitioner, being the paternal uncle of AKS, states that he has been taking care of his nephew and has been acting as his guardian, in addition to maintaining his own family, but is not in a position to financially sustain his nephew indefinitely, and meet his medical expenditure as well.

(3.) The petitioner claims to have visited the Bank and made a request for the withdrawal of the said amount from the bank account of AKS to meet his medical expenses. However, the request was denied by the Bank on the ground that there was no policy which allowed for such withdrawals, even by family members in cases of medical emergencies, and that it can only be done under the orders of a competent court. The petitioner thereafter addressed a letter dated 09.12.2020, reiterating the above request. However, the letter has not elicited a response.