AARTI PARIHAR Vs. SUNITA AND OTHERS

JUDGEMENT

(1.) Quashment is sought herein of Annexure P/1 issued by the M.P. Human Rights Commission ("Commission" for brevity) dated 23/07/2011 directing the Additional Chief Secretary, Govt of M.P. (Department of Home) to implement the recommendations of the Commission constituted under the Protection of Human Rights Act, 1993 ("1993 Act" for brevity) recommending recovery of compensation amount from petitioner and institution of disciplinary proceedings against petitioner after recording a finding that while discharging investigative duties as SHO, P.S. Mau, District Bhind, MP qua an incident dated 25 & 26/10/2018, petitioner indulged in violation of human rights.

(2.) After hearing learned counsel for the rival parties and perusing both the returns filed by the State, it is clear that the State and its functionaries have treated the recommendations of the respondent/Commission to be binding upon them, which is evident from paragraph 1 of the return of respondents No.1 & 2 filed 17/5/12, which is reproduced below for ready reference:-

(3.) The impugned order passed by the Commission directing the functionaries of the State to implement its recommendations appears to be dehors the nature of power available to the Commission under the 1993 Act.