The Delhi High Court in National Small Industries Corporation Ltd. V. National Commission For Scheduled Castes & Ors. held that National Commission for Scheduled Castes cannot issue directions after deciding the inter se rights of the parties, like a civil court.
The facts, in brief, are that the petitioner is aggrieved by the order passed by the 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 respondents no.2 and 3 be promoted to the post of General Manager (Senior Grade) with the retrospective date and all consequential benefits. The petitioner alleged that the Respondent Commission had overstepped its jurisdiction. It was vehemently contended that the Commission had no authority to issue such directions as per Article 338(5) and (8) of the Constitution of India.
The Court referred to All India Indian Overseas Bank SC And ST Employees’ Welfare Association and Others wherein the Apex Court has held that:
“10. Interestingly, here, in clause (8) of Article 338, 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 C "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 exist here in the Commission nor can such a power be inferred or derived from a reading of clause (8) of Article 338 of the Constitution.
Therefore, the Court observed that “In the light of the aforesaid it is evident 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.”