ALL INDIA INDIAN OVERSEAS BANK SCHEDULED CASTES AND SCHEDULED TRIBES EMPLOYEES WELFARE ASSOCIATION AND ORS. versus UNION OF INDIA AND ORS.

Citation: [1996] SUPP. 8 S.C.R. 295 · Decided: 03-10-1996 · Supreme Court of India · Bench: A.M. AHMADI · Disposal: Dismissed

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Judgment (excerpt)

ALL INDIA INDIAN OVERSEAS BANK
A
SCHEDULED CASTES AND SCHEDULED
TRIBES EMPLOYEES WELFARE ASSOCIATION AND ORS.
v.
UNION OF INDIA AND ORS.
OCTOBER 3 I, 1996.
B
[A.M. AHMADI, C.J. AND S.P. BHARUCHA, J.]
Constitution of India, 1950: Articles 338 (8) and (5)
National Commission for Scheduled Castes and Scheduled Tribes- C
Powers of Civil Court-Exercise of-By Commission--Commission passed
an interim order to the Bank to stop the promotion process pending fi1rther
investigation and final verdict on certain complaints received by it-Held:
Powers of Civil Court are exercisable by the Commission for the purposes
of investigating any matter under Art. 338 (5)(a) or inquiry into any D
complaint under Art. 338(5)(b) but not for the purposes of granting
injunctions, temporary or permanent-Commission has no power to stay
the promotion process pending inquiry into a complaint-Hence,
Commission's interim order set aside--Constitution (Sixty Fifth Amendment)
Act, 1990, Section 8--Commission of Inquiry Act, 1952, Ss. 4 and 5-
Service Law.
The National Commission for Scheduled Castes and Scheduled
Tribes directed respondent no. 3-Bank by an interim order to stop
the promotion process pending further investigation and final verdict
on certain complaints received by it.
Respondent no.4, the Bank Officers' Association and respondent
nos. 5 to 8 who were candidates for selection for promotion filed a
writ petition before the High Court challenging the aforesaid order,
which was allowed. Hence this appeal.
On behalf of the appellant it was contended that the Commission
had power to issue interim order under Article 338(5) and (8) of the
Constitution of India introduced by the Constitution (Sixty Fifth
Amendment) Act, 1990 and that the Commission enjoyed powers like
a Civil Court for all purposes.
295
E
F
G
H
296
SUPREME COURT REPORTS [1996] SUPP. 8 S.C.R.
A
Dismissing the appeal, this Court
HELD : 1. All the procedural powers of a Civil Court given to
the National Commission for Scheduled Castes and Scheduled Tribes
by Article 338(8) of the Constitution of India are for the limited
purpose of investigating any matter under Article 338(5)(b). The
B powers of a Civil Court of granting injunctions, temporary or
permanent, do not inhere in the Commission nor can such a power
be inferred or derived from a reading of Clause 8 of Article 338 of the
Constitution. [302-H, 303-A[
2. The Commission having not been specifically granted any
C power to issue interim injunctions lacks the authority to issue an
order directing respondent no.3-Bank to stop the promotion process
pending further investigation and final verdict on the complaints
received by it. [303-B, 297-E]
D
Ba/iram Waman Hiray v.Justice B. Lentin, [1988] 4 SCC 419, relied
on.
M V. Rajwade v. Dr. S.M Hassan, AIR (1954) Nag 71, referred to.
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 13700 of
E 1996.
From the Judgment and Order dated 17.5.93 of the Delhi High Court
in C.W.P. No. 1362 of 1993.
F
A.S. Nambiar, S.C. Paul, J.D. Jain, R.K. Azad and Santosh Singh
for the Appellants.
S.K. Bisaria for the Respondent No. 4
G
R. Mohan and Nedumaran for the Respondent No. 3
Ms. Binu Tarnta for D.S. Mehra for the Respondent No. I
The Judgment of the Court was delivered by :
H
AHMADI, CJ. Leave granted.
ALL INDIA INDIAN OVERSEAS BANK SIC AND srr EMPLOYEES WELFARE ASSN_ y_ U.O I. !AHMADI. CJ I 2 9 7
By a letter No. 9/D/SCTC/M(S)/93 dated March 4, 1993, the National A
Commission for Scheduled Castes and Scheduled Tribes (hereafter referred
to as 'the Commission') directed the Executive Director of the Indian
Overseas Bank, the respondent No.3, thus:
"No.9/D/SCTC/M(s)/93
4th March, 1993
Dear Shri K. Subramanian,
Please refer to the commission letter No.9/D/SCTC/M(S)/92
dated 18th Feb.93 in the matter of contravention of Government
Directives relating reservation for SC/ST in Indian Overseas
B
Bank and Other matters adversely affecting their interests.
C
The commission had desired the reply of Bank within 7 days of
said letter. It is a matter of concern that the reply from bank has
not reached the commission till date.
In view of the prima facie examination of the matter and D
considering the fact that the Bank is reportedly going ahead
with the promotion process, the commission, in exercise of the
powers conferred upon it under section 8 of the Constitution
(Sixty-Fifth Amendment) Act, 1990 hereby directs the Ba

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