Dr Are Hanumantha Rao vs The State Of Ap
2023 Latest Caselaw 77 AP

     HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
             MAIN CASE No. W. P. No.391 of 2023
                     PROCEEDING SHEET
Sl. DATE                                ORDER                          OFFICE
No.                                                                     NOTE
    04.01.2023   DR, J
                                 W. P. No.391 of 2023

                         Notice before admission.

                         Learned counsel for the petitioner/s is
                 permitted to take out personal notice on the
                 respondent No.3 through RPAD and file proof of

service.

Post after four (04) weeks.

________ DR, J I.A.No.1 of 2023

Present writ petition is filed seeking a direction, more particularly one in the nature of Prohibition against the 2nd respondent, prohibiting the said authority from proceeding with the inquiry in the matter of the medical treatment given to the 3rd respondent by the petitioners during the year 2012.

The 1st petitioner being a Doctor, aged about 72 years, Managing Director of the Hyma Hospitals; based on the complaint of the 3rd respondent dated 04.01.2022, the 2nd respondent has taken up the matter for enquiry under Section 4 of the Scheduled Castes And The Scheduled

Tribes (Prevention Of Atrocities) Act, 1989 and Section 420 of IPC.

The 2nd respondent has issued notice to the Deputy Superintendent of Police, Guntur Urban directing to bring the petitioner to present before the A.P. State Commission on 03.01.2023.

Contention of the learned counsel for the petitioner is that the contents of the complaint made by the 3rd respondent on 04.01.2022 would not attract any of the clauses provided under Section 12 of the Act 09 of 2021, wherein the functions of the Commission was stated as below:

12. The Commission shall perform the following functions, namely:

(a) inquire, suo-motu or on a petition presented to it by a victim or by any person on his behalf, into complaint of,-

(i) violation of any rights provided in the Protection of Civil Rights Act, 1955 and the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 and rules thereon or abetment thereof in respect Seed of Scheduled Castes;

(ii) negligence in the Prevention of such violation, by a public servant;

(iii) inquire and recommend to the concerned disciplinary authority to initiate disciplinary action in cases where the Commission is of the view that any public servant has been grossly negligent or grossly indifferent in regard to the discharge of his duties in relation to the protection of the interests of Scheduled Castes;

(b) to investigate and monitor all matters relating to the safeguards provide for the Scheduled Castes under the Constitution of India or under any other law of the time being in force or under any order of the Government and to evaluate the working of such safeguards;

(c) to evaluate the working of various safeguards and civil rights accruing to a person as stipulated in the Protection of Civil Rights Act, 1955 and the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 for the protection of Scheduled Castes and any other laws and orders passed the Union and State Governments, to investigate and monitor all matters relating safeguards provided for the Scheduled Castes under the Constitution of India under any other law;

(d) to make recommendations with a view to ensure effective implementation and enforcement of all safeguards provided to the Scheduled Castes under the Protection of Civil Rights Act, 1955 and the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 and other laws and the rules;

(e) to undertake a review of the implementation of the policies pursued by the Union and the State Governments with respect to the Scheduled Castes;

(f) to look into specific complaints regarding deprivation of rights a safeguards in the interest of the Scheduled Castes;

(g) to enquire into any unfair practice, take decision thereon and recommend to the Government the action to be taken in that matter;

(h) to spread literacy among various sections of society regarding the Protection of Civil Rights Act, 1955 and the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 and to promote awareness of the safeguards available for the protection of these rights through publications, the media, Seminars and other available means:

(i) to conduct studies, research and analysis on the question of avoidance of discrimination against Scheduled Castes;

(j) to suggest appropriate legal and welfare measures in respect of Scheduled Castes to be undertaken by the Government-

(k) to inquire into any unfair practice,-

(i) on receiving a written complaint from any Scheduled Caste woman alleging that she has

been subjected to any unfair practice or on a similar complaint from her mother or father or sister or brother or from any organization:

(ii) to cause investigations or inquires to be made by the Commissioner of Social Welfare on issues of importance concerning Scheduled Castes particularly women and issues concerning unfair practice and to report thereon to the Government on the corrective measures to be taken;

(l) the monitoring of the working of laws in force concerning Scheduled Castes women with a view to identifying the areas where the enforcement of laws is not adequately effective or has not been streamlined and recommending executive or legislative measures to be taken;

(m) to invite one or more prominent persons to participate in the meetings of the Commission to advise on such matters as may be necessary;

(n) to encourage the efforts of non-governmental organizations and institutions working in the field of human rights and for the upliftment and betterment of Scheduled Castes;

(o) to make periodical reports at prescribed intervals to the Government;

(p) to exercise such other powers and perform such other functions as may be conferred or enjoined upon it by this Act or the rules made thereunder; and

(q) the recommendations of National Commission for Scheduled Castes will prevail in case of conflicting recommendations on the same issue by the Andhra Pradesh State Commission for Scheduled Castes and the National Commission for Scheduled Castes. In view of the above clauses, learned counsel contended that none of the above clauses would attract the complaint made by the 3rd respondent in the instant case. Even according to the complaint made by the 3rd respondent, she has undergone treatment with the petitioner's Hospital in the year 2012. By virtue of the

treatment given by the petitioner, he got serious sickness and even unable to move. But the complaint was made after 10 years from the date of surgery.

Apart from that, the reasons mentioned in the complaint would not attract the clauses provided under Section12 of the Act. Thereby contended that the 2nd respondent has no jurisdiction to enquire the matter. Hence, the present writ petition.

Learned counsel for the petitioner further submitted that on the identical issue, the Apex Court in Collector, Bilaspur Vs. Ajit P.K. Jogi and Others1 held that clause (5) of amended Article 338 did not include the power to enquire into the individual matters.

Considering the said submissions, on perusal of the notice dated 29.12.2022 issued by the 2nd respondent, and also the observations of the Apex court made in the above referred judgment, there shall be stay of all further proceedings.

________ DR, J Pnr

(2011)10 Supreme Court Cases 357