The Single Bench of the Delhi High Court in the case of National Small Industries Corporation Ltd vs National Commission for Scheduled Castes & Ors. consisting of Justice Rekha Palli observed that the National Commission for Scheduled Castes is not equivalent to a Civil Court and hence it cannot issue directions after deciding the inter se rights of the parties.
Facts
The petitioner, National Small Industries Corporation Ltd., has approached this Court being aggrieved by the order passed by the respondent no.1 (National Commission for Scheduled Castes) whereby the said respondent has not only directed the petitioner to hold a review DPC, but has further directed that respondent no.2 and 3 be promoted to the post of General Manager (Senior Grade) with retrospective date and all consequential benefits.
Contentions Made
Petitioner: Respondent no.1 Commission had no authority to issue such directions for which purpose reliance was placed on Article 338(5) and (8) of the Constitution of India. Reliance was also placed on All India Indian Overseas Bank SC And ST Employees’ Welfare Association &Ors vs. Union of India &Ors.
Respondents: Commission was fully authorised to enquire and monitor the affairs of the petitioner and other such organisations and departments. However, after some arguments, they did not seriously dispute that the Commission is only a recommendatory body having no power to issue directions to any department or organisation in issues relating to act in a particular manner in respect of service benefits.
Observations of the Court
The Bench noted that the Commission can only make recommendations and not issue any directions of the nature as issued vide the impugned order:
“Merely because the Commission, for the purpose of carrying out investigations or enquiring into any complaint, has the powers of a Civil Court trying a suit and, therefore, is entitled to issue directions inter alia for enforcing the attendance of any person from any part of the country, receiving evidence on affidavits, cannot imply that the Commission is equivalent to a Civil Court or that it can like a Civil Court issue directions after deciding the inter se rights of the parties.”
Judgment
The writ petition was partly allowed by clarifying that the impugned order passed by the respondent no.1 will be treated only as a recommendation and not as any direction. In case the respondent no.2 and 3 have any surviving grievance, they were directed to approach a competent court/tribunal for redressal thereof.
Case: National Small Industries Corporation Ltdvs National Commission for Scheduled Castes & Ors.
Citation: W.P.(C) 11031/2021 & CM APPL. 34013/2021
Bench: Justice Rekha Palli
Decided on: 27th July 2022
Picture Source :
