TMI Blog1996 (10) TMI 505X X X X Extracts X X X X X X X X Extracts X X X X ..... led Castes and Scheduled Tribes (hereafter referred to as 'the Commission') directed the Executive Director of the Indian Overseas Bank, the respondent No.3, thus: IMAGES NO. 1 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 Bank and Other matters adversely affecting their interests. 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 considering the fact that the Bank is reportedly going ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... who were candidates for selection for promotion filed a writ Petition (Civil) No. 1362 of 1993 praying for a writ of Mandamus quashing the order dated March 4, 1993 staying the selection process. The High Court by the impugned judgment allowed the writ petition with the finding that the Commission had no power to issue interim orders like the one in question. Hence this appeal by special leave. 4. The short question that arises for consideration in this matter is whether the Commission had the power to issue a direction in the nature of an interim injunction? The appellant supports the letter dated March 4, 1993 of the Commission on the facts of the case which supposedly justify the passing of an interim direction of the type contained ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... safeguards of the Scheduled Castes and Scheduled Tribes; (c) to participate and advise on the planning process of socioeconomic development of the Scheduled Castes and Scheduled Tribes and to evaluate the progress of their development under the Union and any State; (d) to present to the President, annually and at such other times as the Commission may deem fit, reports upon the working of those safeguards; (e) to make in such report recommendations as to the measures that should be taken by the Union or any State for the effective implementation of those safeguards and other measures for the protection, welfare and socio-economic development of the Scheduled Castes and Scheduled Tribes; and (f) to discharge such other functions ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... copy thereof from any court or office; (e) issuing commissions for the examination of witnesses and documents; (f) any other matter which the President may, by rule, determine. 6. It can be seen from a plain reading of Clause 8 that the Commission has the power of the Civil Court for the purpose of conducting an investigation contemplated in Sub-clause (a) and an inquiry into a complaint referred to in Sub-clause (b) of Clause 5 of Article 338 of the Constitution. 7. Sub-clauses (a) to (f) of Clause (3) clearly indicate the area in which the Commission may use the powers of a Civil Court. The Commission has the power to summon and enforce attendance of any person from any part of India and examine him on oath; it can require th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of 1898) forward the case to a Magistrate having jurisdiction to try the same and the Magistrate to whom any such case is forwarded shall proceed to hear the complaint against the accused as if the case had been forwarded to him under Section 482 of the Code of Criminal Procedure, 1898. (5) Any proceedings before the Commission shall be deemed to be a judicial proceeding within the meaning of Sections 193 and 228 of the Indian Penal Code (Act XLV of 1860). 9. In M.V. Rajwade v. Dr. S.M. Hassan MANU/NA/0131/1953MANU/NA/0131/1953 : AIR (1954) Nag 71, the question whether the Commission of Inquiry, by virtue of the above provisions, could be treated to be a civil court for the purpose of the Contempt of Courts Act, 1971 came to be consi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... new Code of Criminal Procedure. 11. Interestingly, here, in Clause 8 of Article 138, the words used are the Commission shall... have all the powers of the Civil Court trying a suit. But the words all the powers of a Civil Court have to be exercised while investigating any matter referred to in Sub-clause (a) or inquiring into any complaint referred to in Sub-clause (b) of Clause 5 . All the procedural powers of a Civil Court are given to the Commission for the purpose of investigating and inquiring into these matters and that too for that limited purpose only. The 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 Cla ..... X X X X Extracts X X X X X X X X Extracts X X X X
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