UNION OF INDIA Vs. SH. RAM KISHORE MEENA

JUDGEMENT

(1.) By this writ petition under Article 226 of the Constitution of India, the petitioner no.1/Union of India impugns the order dated 30.4.2015 passed by the National Commission for Scheduled Tribes. The only issue to be decided in this writ petition is whether there are judicial powers in the National Commission for Scheduled Tribes to pass an order such as the impugned order dated 30.4.2015. The operative portion of the impugned order dated 30.4.2015 directs that promotion be granted to the post of LDC from the year 2006 to the respondent no.1 herein Sh. Ram Kishore Meena.

(2.) As many as 20 years back Supreme Court in the judgment in the case of All India Indian Overseas Bank SC and ST Employees' Welfare Association and Others v. Union of India and Others, (1996) 6 SCC 606 held that Schedule Castes Commission has no power to pass judgments like a Court of law and that it cannot order directions in the nature of injunctions to give reliefs of promotion, pay scale etc etc. The relevant observations of the Supreme Court in the case of All India Indian Overseas Bank SC and ST Employees' Welfare Association (supra) are contained in paras 8 to 11, and which paras read as under:-

(3.) This judgment of the Supreme Court in the case of All India Indian Overseas Bank SC and ST Employees' Welfare Association (supra) has been recently followed by the Supreme Court in the case of State Bank of Patiala and Others v. Vinesh Kumar Bhasin (2010) 4 SCC 368 holding that the Chief Commissioner acting under the Persons with Disabilities (Equal Opportunities, Protecting of Rights and Full Participation) Act, 1995 cannot pass judgments and orders in the nature of injunctions. The relevant observations of the Supreme Court in the case of Vinesh Kumar Bhasin (supra) are contained in paras 12 to 19, and which paras read as under :-