Delhi High Court - Orders
Delhi State Cooperative Bank Ltd vs National Commission For Scheduled ... on 23 June, 2021
Author: Jasmeet Singh
Bench: Jasmeet Singh
$~33
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 6002/2021, CM APPL. 18981/2021-STAY, CM APPL.
18982/2021-EX
DELHI STATE COOPERATIVE BANK LTD. ..... Petitioner
Through: Mr. V.P. Singh, Sr. Adv. with Mr.
Pranay Mohan Govil, and Ms. Ritambharan
Narang, Advs.
versus
NATIONAL COMMISSION FOR SCHEDULED CASTES & ANR.
..... Respondents
Through: Mr. Vinod Diwakar, CGSC for R-1
CORAM:
HON'BLE MR. JUSTICE JASMEET SINGH
ORDER
% 23.06.2021 The present writ petition has been filed by the Petitioner seeking the following reliefs:
"PRAYERS In light of the aforementioned facts and circumstances, it is most humbly prayed that this Hon'ble Court may be pleased to:
a. Allow the present writ petition and issue an appropriate writ/order/direction declaring that the Impugned Notice dated 11.06.2021 (Annexure-A) issued to the Board of Directors of the Petitioner by Respondent No. 1 in File No. V-3/Delhi-Signature Not Verified Digitally Signed By:AMIT ARORA Signing Date:28.06.2021 20:58:07
36/2020/SSW-1 as unconstitutional, being ultra vires of Article 338 of the Constitution of India; and/or b. Allow the present writ petition and issue an appropriate writ/order/direction to quash the proceedings and inquiry bearing File No. V-3/Delhi-36/2020/SSW-1, undertaken by the Respondent No.1 against the Petitioner in relation to the Complaint dated 21.09.2020; and c. Issue an appropriate writ/direction, restraining the Respondent No. 1, its officials, representatives or associates from taking any coercive action against the Petitioner with respect to File No. V-
3/Delhi- 36/2020/SSW-1; and That in view of the facts and circumstances stated in the above paragraphs, it is prayed that this Hon'ble Court may be pleased to allow the prayers as sought for in the present Petition."
The crux of the Petitioner's submission is that the Respondent No.1 while issuing summons on 11.06.2021 has directed, the entire Board of Directors of the Petitioner to be physically present before Respondent No.1 on 30.06.2021 and also the Regional Director of Reserve Bank of India (RBI) as well as General Manager of National Bank for Agriculture and Rural Development (NABARD).
In para 2 of the impugned notice, it has further been stated which reads as under:
"2. Next date of hearing has been fixed on 30th June, 2021 at 12:00 Noon in the Chamber of Hon'ble Chairman, NCSC at 5th Floor, Lok Nayak Signature Not Verified Digitally Signed By:AMIT ARORA Signing Date:28.06.2021 20:58:07 Bhawan, New Delhi. Accordingly, you are requested to make it convenient to attend the hearing in person along with all the relevant documents in original. No substitution is allowed."
This Court is of the view that all Directors of the Petitioner as well as Regional Director of RBI and General Manager of NABARD are not required to be physically present before the Commission.
It would have very well served the purpose of the hearing of the Commission, if the authorised person along with all relevant documents, is present before the Commission to answer any/ all queries of the Commission.
Issue notice.
Mr. Vinod Diwakar, learned counsel appearing for Respondent No.1 accepts notice.
He seeks time to file the reply. He is granted 4 weeks' time to file the same.
Let the notice be issued to Respondent No.2 by all permissible modes.
The operation of the order dated 11.06.2021, will remain stayed till the next date of hearing.
List on 30.07.2021.
JASMEET SINGH, J JUNE 23, 2021/ 'ms' Signature Not Verified Digitally Signed By:AMIT ARORA Signing Date:28.06.2021 20:58:07