Indian Kanoon - Search engine for Indian Law

14. The petitioner (tenth respondent herein), thereafter, submitted a representation dated 02.07.2019 to the National Commission for Scheduled Tribes and, by its order passed on the same day i.e. 02.07.2019, the National Commission, while informing various officials including the Superintendent of Police, Haridwar (head of the SIT for Dehradun and Haridwar districts) to submit facts and information in the matter, and the action taken on the allegations/matters, to the Commission within 07 days of receipt of the notice for appraisal of the Chairman of the Commission, also informed that the Chairman of the Commission desired that no action be taken against the tenth respondent herein as the matter was under examination. They were also informed that, in case the Commission did not receive the reply from them within the stipulated time, it may exercise the powers of a Civil Court, conferred upon it under Clause (8) of Article 338A of the Constitution of India, and issue summons for their appearance in person before the Commission.

It is further submitted that the police investigation officer is unable to proceed further against Shri Geetaram Nautiyal and conduct further investigation because of the aforesaid order.

Further progress will be apprised to the Hon'ble Court in the future."

16. After taking note of the petitioner's contention that the request of the Chairman of the Commission, in the impugned proceeding dated 02.07.2019, was without jurisdiction, as no power was conferred on him, under Article 338A of the Constitution of India, to issue any such directions to the officials concerned, we had issued notice to all the respondents in the Writ Petition. Despite service of notice on them, neither the Commission, nor its Chairman and its members, have entered appearance through counsel nor are they present in Court today.

22. Clauses (a), (b) and (f) of Paragraph 3 of the Rules of Procedure are those specified in sub-clauses (a), (b) and (f) of Clause (5) of Article 338A of the Constitution. The powers of a Civil Court trying a Civil Suit, conferred on the National Commission under Article 338A (8), are, as is evident from the language employed by the said clause, available to the Commission only while investigating the matter referred to in sub-clause (a), or to inquire into any complaint referred to in sub- clause (b) of clause (5) of Article 338A of the Constitution. The scope and ambit of very same provision (albeit as it stood before the Constitution 89th Amendment Act, 2003) was considered by the Supreme Court.