Madras High Court
M.Arulmani Arasu vs National Commission For ... on 5 October, 2023
W.P.No.20070 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 05.10.2023
CORAM
THE HONOURABLE DR. JUSTICE ANITA SUMANTH
W.P.No.20070 of 2023
&
WMP.Nos.19418 & 19420 of 2023
M.Arulmani Arasu
... Petitioner
Vs
1. National Commission for Scheduled Castes,
5th Floor, Lok Nayak Bhawan,
Khan Market,
New Delhi – 110 003
Rep. by its Chairman.
2. National Commission for Scheduled Castes,
5th Floor, Lok Nayak Bhawan,
Khan Market,
New Delhi – 110 003
Rep. by its Deputy Director.
3. Shri. Sreedhar Swamy Dola
4. Indian Overseas Bank,
Human Resources Management
Department (HRMD),
Central Office, No.762, Anna Salai,
https://www.mhc.tn.gov.in/judis
1
W.P.No.20070 of 2023
Chennai – 600 002
rep. by its General Manager (HR). ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India
praying to issue a Writ of Certiorari calling the records pertaining to the order
of the 2nd respondent made in File No.S-5/Bank (IOB) – 12/2023/SSW-II
[65880] dated 27.06.2023 and quash the same.
For Petitioner : Mr.R.Malaichamy
For Respondents : Mr.K.Srinivasamurthy (R1 and R2)
Senior Panel Counsel for Central Government
Mr.P.Subba Reddy (R3)
Mr.R.Manimuthu (R4)
ORDER
The petitioner is a member in the All India Scheduled Castes/Scheduled
Tribes (SC/ST) Association of Indian Overseas Bank (IOB) employees (in short
'Association'). Elections were held in respect of the Association for the term
2022 to 2025 at Vishakapattinam and the parties to this Writ Petition were at
odds with each other in respect of the procedure followed. Allegations of
forgery, fake votes and erroneous polling were levelled.
2. O.S.No.8285 of 2022 has been filed before the I Assistant Judge, City
Civil Court, Chennai by this very petitioner praying for a declaration that the
https://www.mhc.tn.gov.in/judis
W.P.No.20070 of 2023
election held on 13.11.2022 at Vishakapattinam in respect of various posts of
the Association be declared as null and void.
3. Yet another member of the association has also filed a original suit in
O.S.No.7639 of 2022 wherein, the Writ Petitioner is arrayed as R3. The relief
sought in that Suit is more restricted when compared with the relief sought for
in O.S.No.8285 of 2022 insofar as that plaintiff has only asked for declaration
of the nomination of certain persons as null and void and not the entire election
itself. Both the Suits were tagged together and pending before the I Assistant
Judge, City Civil Court, Chennai.
4. Bearing in mind the internal rivalry between the members of the
Association, the senior manager of the Velachery branch of IOB had suspended
the operations in the bank account, being savings bank No.12961000023200 (in
short 'bank account'). This is in line with normal practice when the account
holders are engaged in litigation.
5. Applications for interim relief have been filed before the City Civil
Court seeking appointment of Advocate Commissioner and a direction to the
Senior Manager of Velachery Branch of IOB, where the Association operates
the bank account, to allow operation of that account either by the newly elected
office bearers or by the erstwhile office bearers till the disposal of the suits.
https://www.mhc.tn.gov.in/judis
W.P.No.20070 of 2023
6. The proper course of action would have been for the parties to pursue
the interlocutary application relating to the operations of the bank accounts,
since all the key members in the Association are members in one or the other
suit. Instead, what has been done is that R3 in this Writ Petition, Sri.Sreedhar
Swamy Dola, who is the present General Secretary of the Association had made
a representation before the National Commission for Scheduled Castes (in short
'Commission') seeking unblocking of the bank account and restoration of a
quaterly meeting of the office bearers of the Association.
7. In All India Indian Overseas Bank SC and ST Employees' Welfare
Association and others V. Union of India and others ((1996) 6 SCC 606), the
Hon'ble Supreme Court has held that the powers of the Commission are
procedural in nature, for the limited purpose of investigating matters falling
under Article 338(5)(a) or inquire into any complaint under Article 338(5)(b) of
the Constitution. Such powers do not extend to the grant of injunction,
temporary or permanent.
8. As such, such powers do not inhere in the Commission nor could such
powers be inferred or derived from a reading of clause (8) of Article 338 of the
Constitution. In that case, the Commission had issued an interim direction and
that was held to be bad in law.
https://www.mhc.tn.gov.in/judis
W.P.No.20070 of 2023
9. In the present case, based on the complaint/representation of R3, the
Commission has conducted a meeting on 15.05.2023 and has inter alia
recommended that the Managing Director of IOB, Egmore Branch may revoke
the suspension imposed the operation of the bank account, with immediate
effect. The Commission has also issued a direction to conduct quarterly
meetings with elected office bearers of both the groups. Though other
directions were also issued, however, the first direction issued, in relation to the
revocation of the bank account, is alone the subject matter of the present Writ
Petition.
10. By communication dated 27.06.2023, the Commission has written to
the Managing Director and CEO of IOB, Central Office calling for his
appearance before the Commission to enquire into the representation of R3 and
enclosing a copy of minutes dated 15.05.2023.
11. Today, learned counsel for R3 files affidavit dated 05.10.2023
deposing at paragraph 4 that the Association and the newly elected office
bearers shall not precipitate the matter before the Commission and shall
instead, pursue O.S.No.8285 of 2022 pending before I Assistant City Civil
Court, Chennai. This is recorded.
12. In light of the judgment of the Hon'ble Supreme Court in the case of
All India Indian Overseas Bank SC and ST Employees' Welfare Association
https://www.mhc.tn.gov.in/judis
W.P.No.20070 of 2023
(supra), impugned communication dated 27.06.2023 and the recommendation
of the Commission in minutes dated 15.05.2023 for revocation of the
suspension of the bank account bearing savings account No.129601000023200
in IOB, Velachery Branch are set aside.
12. It is made clear that any other enquiry that the Commission has
embarked upon pursuant to the representation may continue, as the parties
before me are unanimous to state that the issue addressed in this Writ Petition
only concerns the suspension of operations of the bank account.
13. The 1st Assistant Judge, City Civil Court, Chennai shall take up the
interlocutary applications, that are slated for hearing on 11.10.2023, hear the
parties and pass orders thereupon expeditiously, in any event, within a period of
two (2) weeks from date of hearing of the applications.
14. This Writ Petition is disposed in the aforesaid terms. No costs.
Connected Miscellaneous Petitions are closed.
05.10.2023
Index : Yes / No
Speaking Order :Yes/No
Neutral Citation: Yes/No
sl
Note: Registry is directed to issue a copy of this
order on or before 09.10.2023.
https://www.mhc.tn.gov.in/judis
W.P.No.20070 of 2023
To
1. The Chairman.
National Commission for Scheduled Castes,
5th Floor, Lok Nayak Bhawan,
Khan Market, New Delhi – 110 003.
2. The Deputy Director.
National Commission for Scheduled Castes,
5th Floor, Lok Nayak Bhawan,
Khan Market, New Delhi – 110 003.
https://www.mhc.tn.gov.in/judis
W.P.No.20070 of 2023
Dr.ANITA SUMANTH,J.
Sl
W.P.No.20070 of 2023 &
WMP.Nos.19418 & 19420 of 2023
05.10.2023
https://www.mhc.tn.gov.in/judis
