...submits that the Commission only exercises powers of a Civil Court for the purposes of investigating the matter under Article 338(5)(a) or enquiring into complaint under Article 338(5)(b), but not for the...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...Others, ILR 2008 KAR 3305 has held as under:- "10. Interestingly, here, in clause (8) of Article 338, the words used are...

...338(5)(a)(b) of the Constitution of India to take appropriate actions against the respondents 4 and 5 to get compensation of Rs.42,00,000/- and other benefits on the petitioner's petitions dated... Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the first respondent to exercise the powers conferred under Article... terminated employee and the Management of the company. The said company cannot be termed as a state instrumentality within the meaning of Article 12 of...

...provisions of Article 338(5) (a), (b) of the Constitution would come to the aid of the Commission to claim that it has jurisdiction to decide caste/social status of an individual like the petitioner...individual like the petitioner. The Commission cannot claim aid of the provisions of Article 338 (5) (a), (b) for arrogating to itself the jurisdiction to make enquiry into the...truthfulness or otherwise of an individual's caste or social status. Having regard to the language employed in the provisions of Article 338 (5) of the Constitution, the power of investigation into the complaints with regard to the deprivation of safeguards, by necessary implications, only means deprivation of safeguards vis-a-vis...

...complaints with respect to deprivation of rights and safeguards of the Scheduled Castes: 338(5)(a),(b). Sub-clause (e) of Article 338(5) includes the duty to make recommendations as to the measures...development of the Scheduled Castes. 7. Clause (8) of Article 338 vests the Commission with the power of a civil court during investigation of any matter referred to in clause 5(a...) or an inquiry into a complaint under clause 5(b). 8. Therefore, clause (8) of Article 338 contemplates vesting of the powers of a civil court on the National Commission in relation to the duties enumerated in sub-clause (a)-(f) of clause 5, which...

...India (Supra) held that “all the procedural powers of civil court given to the National Commission for Schedule Caste and Schedule Tribe by Article 338(8) of the Constitution of India are for the limited purpose of investigating any matter under Article 338(5)(a) or...inquiring into any complaint, under 338(5)(b). 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 clause (8) of Article 338...directions to the third respondent to hold a fresh enquiry. Article 338 of the Constitution of India will only empower the...

...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.... 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...

...National Commission for Scheduled Castes and Scheduled Tribes, observed as under : "20. We do not think that the provisions of Article 338 (5) (a) (b...petitioner. The Commission cannot claim aid of the provisions of Article 338 (5) (a) (b) for arrogating to itself the jurisdiction to make enquiry into the truthfulness or...otherwise of an individual's caste or social status. Having regard to the language employed in the provisions of Article 338 (5) of the Constitution, the power of investigation...

...court given to the National Commission for Schedule Caste and Schedule Tribe by Article 338(8) of the Constitution of India are for the limited purpose of investigating any matter under Article 338(5)(a) or...inquiring into any complaint, under 338(5)(b). 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 Clause (8) of Article 338...is an undisputed legal proposition that the Commission, while acting under Article 338(5) of the Constitution, can only make recommendations, but cannot issue any direction to the Government or any other person or Authority. A reference...

...derived from a reading of clause (8) of Article 338 of the Constitution. 5. The Honble Apex Court after having held as above was further pleased to...Caste and Schedule Tribe by Article 338(8) of the Constitution of India are for the limited purpose of investigating any matter under Article 338(5)(a) or inquiring into...any complaint, under 338(5)(b). 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 clause (8) of Article 338...

...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)(a) or inquiring into any complaint under...Article 338(5)(b). 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 clause (8) of...Tribes under Article 338 of the Constitution of India, that though all the procedural powers of Civil Courts are given to the said Commission under the said Article, but for a limited purpose of investigating any matter under Article 338(5)(a...

.... Article 338(5)(a)(b) of the Constitution of India speaks about the duty of the Commission to investigate and monitor all matters relating to the safeguards provided for the Scheduled Castes under...Castes and an elaborate reading of Article 338(5)(b) mentions the duty of the Commission to inquire into the specific complaints with respect to the deprivation of rights and safeguards of the Scheduled.... 7.Geetha Ranjini .. Respondents Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Prohibition prohibiting the...

.... This is supported by the decision of the Supreme Court in All India Indian Overseas Bank SC, ST Employees Welfare Association v. Union of India. Article 338(1) of the Constitution of India enables the appointment of National Commission for Scheduled Castes and Scheduled Tribes. Clause (8) of Article 338 provides that the Commission constituted under Clause (1) of Article 338 for investigating any matter referred to in Clause (5) (a) and...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)(a) or...inquiring into any complaint under Article 338(5)(b). The powers of a Civil Court of granting injunctions, temporary or permanent, do not inhere in the...

...type contained in the letter dated 4-3-1993. The appellant refers to Article 338, clauses (5) and (8) of the Constitution introduced by the Constitution (Sixty-fifth Amendment) Act, 1990 to argue that the Commission had power to requisition public record and hence it could issue directions as if it enjoyed powers like a civil...basic question, however, is whether the Commission had the authority to issue the direction it did by the letter dated 4- 3-1993. Clauses (5) and (8) of Article 338 of the Constitution, which the appellant refers to as the source of the Commission's power, can be quoted for ready reference: (5) It shall be the duty of the Commission (a) to...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...

...facts of the case which supposedly justify the passing of an interim direction of the type contained in the letter dated 4-3-1993. The appellant refers to Article 338, clauses (5) and (8) of the Constitution introduced by the Constitution (Sixty-fifth Amendment) Act, 1990 to argue that the Commission had power to requisition public record and hence it could issue directions as if it enjoyed powers like a civil...dated 4- 3-1993. Clauses (5) and (8) of Article 338 of the Constitution, which the appellant refers to as the source of the Commission's power, can be quoted for ready reference: (5) It shall be the duty of the Commission (a) to...inquiry into a complaint referred to in sub-clause (b) of clause (5) of Article 338 of the Constitution. 6. Sub-clauses (a) to (f) of clause (8) clearly indicate the area in...

...been vested with the NCSC under Article 338. Therefore, the NCSC has exceeded its jurisdiction by entertaining a vague complaint filed by the 2ndrespondent, intended to score political mileage and to defame the petitioner. Therefore, the writ of prohibition is entertainable. 5. Declaration...discharge of its duties under Sub Clause (5) to Article 338 of the Constitution. Even in case, a political party member has given a complaint, such complaints are to be inquired into by the NCSC, since it...specifically, Article 338(5)(a) and (b) of the Constitution of India, which reads as under:- "338. National Commission for Scheduled...

...that "all the procedural powers of civil court given to the National Commission for Scheduled Castes and Scheduled Tribe by Article 338(8) of the Constitution of India are for the limited purpose of investigating any matter under Article 338(5)(a) or...inquiring into any complaint, under Article 338(5)(b). The powers of a civil court of..., 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...

...Caste and Schedule Tribe by Article 338(8) of the Constitution of India are for the limited purpose of investigating any matter under Article 338(5)(a) or inquiring into any...complaint, under 338(5)(b). 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 Clause (8) of Article 338...with the power of summoning and enforcing the attendance of any person for a limited purpose as contained in Article 338 of...

...Commission on the facts of the case which supposedly justify the passing of an interim direction of the type contained in the letter dated 4-3-1993. The appellant refers to Article 338, clauses (5) and (8) of the Constitution introduced by the Constitution (Sixty-fifth Amendment) Act, 1990 to argue that the Commission had power to requisition public record and hence it could issue directions as if it enjoyed powers like a civil...direction it did by the letter dated 4-3-1993. Clauses (5) and (8) of Article 338 of the Constitution, which the appellant refers to as the source of the Commission's power, can be quoted for ready reference:“(5) It shall be the duty of the Commission—(a) to...) of Article 338 of the Constitution.6. Sub-clauses (a) to (f) of clause (8) clearly indicate the area in which the Commission may use the powers of a civil court...

...that State Office of the National Commission has the authority and jurisdiction to direct reinvestigation. In this respect he invited our attention to Article 338 (5) of the Constitution of India. It would be proper to refer to the said provision. Article 338 (5) provides that it shall be the duty of the Commission:—(a) to...any law made by Parliament, by the rule specify.19. According to Shri Kapgate, Article 338 (5)(a) and (b) of the Constitution of India, are in fact, the...person in the town and has a criminal record.5. On 17-1-2007 around 2.00 PM the petitioners came to the Tahsil Office, Desaiganj. They hurled filthy abuses at the complainant. They threw...

...Article 338-A mandates the constitution of a National Commission for Scheduled Tribes. At the relevant point of time, that is, in the year 2001, Article 338-A was not in existence and the unamended Article 338 provided for a National Commission for Scheduled Castes and Scheduled Tribes. Clause (5) of...unamended Article 338 enumerated the duties of the Commission, relevant portions of which are extracted below:“338. (5) It shall be the duty of the Commission—(a) to...under clause 5(b) of Article 338 (or under any of the other sub-clauses of clause 5 of Article 338) did not entitle the Commission to hold an inquiry in regard to the caste status of any particular individual, summon documents, and record a finding...