Indian Kanoon - Search engine for Indian Law

13. It is evident from the said provisions, that neither the Chief Commissioner nor any Commissioner functioning under the Disabilities Act has power to issue any mandatory or prohibitory injunction or other interim directions. The fact that the Disabilities Act clothes them with certain powers of a civil court for discharge of their functions (which include power to look into complaints), does not enable them to assume the other powers of a civil court which are not vested in them by the provisions of the Disabilities Act. In All India Indian Overseas Bank SC and ST Employees' Welfare Association vs. Union of India 1996 (6) SCC 606, this Court, dealing with Article 338 (8) of the Constitution of India (similar to section 63 of the Disabilities Act), observed as follows :

"It can be seen from a plain reading of clause (8) that the Commission has 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 i sub-clause (b) of clause (5) of Article 338 of the Constitution. All the procedural powers of a civil court are given to the Commission for the purpose of investigating and inquiring into these matters and that too for that limited purpose only. The powers of a civil court of granting injunctions, temporary or permanent, do no 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."