Are Hanumantha Rao vs The State Of Andhra Pradesh
2024 Latest Caselaw 4840 AP

Andhra Pradesh High Court - Amravati

Are Hanumantha Rao vs The State Of Andhra Pradesh on 27 June, 2024

         HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

      MAIN CASE NO.: W.P.No.13381 of 2024
                           PROCEEDING SHEET

Sl.                                                                                 OFFICE
        DATE                                   ORDER
No.                                                                                  NOTE

1.    27.06.2024   NV,J

                                         W.P.No.13381 of 2024
                          Notice before admission returnable in four

                   (04) weeks.

                          No       representation     on   behalf     of     the

                   Respondent Nos.1 to 4.

Heard learned counsel for the petitioners

and learned Counsel for the Respondent No.5.

Learned counsel for the petitioners is

permitted to take out personal notice to

Respondent No.3 by register post with

acknowledgment due and file proof of service in

the registry.

The Respondent No.2 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 4 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 for the petitioners contended that none of

the above clauses would attract the complaint

made by Respondent No.3 in the instant case.

Even according to the complaint made by

the Respondent No.3, 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 Respondent No.2 has

no jurisdiction to enquire the matter.

Learned counsel for the petitioner further

submits that the impugned order vide

Lr.Rc.No.Peshi/61/dated 20.06.2024 cannot be

sustained, in as much as it is a continuation of the

earlier proceedings, stayed by this Court in

W.P.No.391 of 2023, which is pending for

adjudication before this Court. Therefore, the

impugned communication is illegal, arbitrary,

without jurisdiction and also violation of the order

passed by this Court dated 04.01.2023 in I.A.No.1

of 2023 in W.P.No.391 of 2023. Hence the writ

petition.

Learned counsel for the petitioners further

submitted that on the identical issue, the Apex

Court in Collector, Bilaspur Vs. Ajit P.K. Jogi

and Others [(2011) 10 Supreme Court Cases 357]

held that clause (5) of amended Article 338 did not

include the power to enquire into the individual

matters.

Considering the said submissions and on

perusal of the impugned order dated 20.06.2024

and also the observations of the Apex court made

in the above referred judgment, there shall be an

interim suspension of the operation of proceedings

vide Lr.Rc.No.Peshi/61, dated 20.06.2024 issued

by Respondent No.4, pending disposal of the writ

petition.

For filing counter affidavit(s) by the

Respondents, post the matter after four weeks.

Learned counsel for the Respondent No.5 is

specifically directed to inform about the order of

this Court to the Respondents / concerned

authority today itself.

________ NV, J Note: Issue CC by 28.06.2024 B/o.

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