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13. The writ petition is allowed."

6. Learned State counsel has submitted that the Commission is only a recommendatory body and has no jurisdiction to issue directions of promotion of any employee. He further submitted that even the complaints were filed by respondents No.2 and 3 after 20 12 of 26 CWP-16755 16755 of 2022 years of accepting their promotion as Auditors. Therefore, the directions issued by the Commission are against Clauses (5) and (6) of Article 338 of the Constitution of India and and, therefore, the impugned orders dated 22.09.2021 and 17.11.2021 (Annexures P P-1 and P-2) are liable to be set aside.

12. Article 338 of the Constitution of India mandates the creation of the National Commission for the Scheduled Castes Castes. Clause (5) of Article 338 embodies the duty of the National Commission.

Clause lause (6) imposes an obligation upon the President of India to cause all reports of the National Commission to be laid before each House of Parliament, along with a memorandum explaining the action taken or 17 of 26 CWP-16755 16755 of 2022 proposed to be taken on the recommendations relat relating to the Union and reasons for the non acceptance, non-acceptance, if any, of any of such recommendations. Clause (7) stipulates that, where any such report of the National Commission, or any part thereof, relates to any matter with which any State Government is concerned, concerned, a copy of such report shall be forwarded to the Governor of the State, whereupon, the latter shall cause it to be laid before the Legislature of the State, along with a memorandum explaining the action taken or proposed to be taken on the recommendations recommendations relating to the State and the reasons for the non non-

acceptance, if any, of any such recommendations. Clause (8) equips the National Commission with all the powers of a civil court trying a suit, while investigating any matter referred to in sub sub-clause (a) or inquiring into any complaint referred to in sub-clause sub clause (b) of Clause (5).

13. Article 338 of the Constitution of India reads thus:-

"338. National Commission for Scheduled Castes (1) There shall be a Commission for the Scheduled Castes to be known as the National Commission for the Scheduled Castes.

15. To the same effect is the judgment of a Division Bench of the Delhi High Court in Anju Bala v. Municipal Corporation of Delhi and others (LPA 1051 of 2024 & CM APPL.61576 of 2024) decided 24 of 26 CWP-16755 16755 of 2022 on 21.10.2024 : Law Finder Doc Id # 2658131 2658131. In the said judgment it has been een held as under: -

"7. Having heard the learned counsel for the appellant, this Court is of the view that the present appeal is completely misconceived. The basic premise of the present appeal as well as the underlying application in the writ petition is untenable in law insofar as the NCSC is not empowered to "investigate" or issue any directions in the nature of a civil or criminal Court. A bare perusal of Article 338 of the Constitution reveals that the limited powers of a Civil Court can be exercised by the commission in furtherance of an investigation into matters relating to the safeguards provided for the Scheduled Castes. One of us, Manmohan, J., in Union of India v. National Commission for Scheduled Castes and Anr., 2014 SCC Online Del 3324, has after fter taking into consideration the judgment of this Court in Municipal Corporation of Delhi v. Lal Chand & Ors., W.P.(C) 5468/2011 as well as All India Indian Overseas Bank SC and ST Employees' Welfare Association and Others v. Union of India & Ors., (1996)) 6 SCC 606 and Karnataka Antibiotics v. National Commission for SC & ST, ILR 2008 Kar 3305 has held, "this Court is of the opinion that the Commission under Article 338 of the Constitution is not an adjudicatory body which can issue binding directions of injunction orders.