powers conferred upon
it.
Learned counsel for the petitioners contends that Article 338 of
the Constitution of India deals with the powers and functions ... would also be relevant to reproduce herein the statutory
provisions of Article 338 of Constitution of India under which, the National
Commission for the Scheduled
have been entertained at
all.
5. Taking support from Article 338(8) of the Constitution of
India, learned counsel for the petitioner submitted that although ... raised, the Apex Court after examining
the language employed in Article 338(8) of the Constitution of India
has clearly and vividly ruled that
been passed. He also submits that the Commission is constituted under
Article 338 of the Constitution of India only to limited extent to investigate,
enquire ... said Article, the Commission
is not a Tribunal or a forum discharging the functions of a judicial character
or a Court. Article 338 does
petitioners, which is also beyond the jurisdiction of the
Commission under Article 338 of the Constitution. It is also submitted that
no case has been ... respondent no. 1
derives its existence and source of power from Article 338 of the
Constitution of India. The duties of the Commission
that
the National Commission for Scheduled Castes derives its
powers from Article 338 of the Constitution of India.
2. Despite such power being restricted ... after giving purported hearing, making
directions, de hors the provisions of Article 338 of the
Constitution of India.
3. In the present specific instance
National commission for
Scheduled Castes and the Scheduled Tribes established
under Article 338 of the Constitution of India the State
Commission for Scheduled Castes ... National Commission for Scheduled Caste and Scheduled Tribes
provided under Article 338(5) of Constitution of India and held that
Commission cannot determine/adjudicate caste
National
commission for Scheduled Castes and the
Scheduled Tribes established under Article 338
of the Constitution of India the State
Commission for Scheduled Castes ... read as
under:
"10. Interestingly, here, in clause (8) of
Article 338 , the words used are "the
Commission shall ... have all the powers
that reservation roster was not followed and the recommendations were against Article 338 of the Constitution of India were made out due to which ... levelled against petitioner with charge No.1 pertaining to violation of Article 338 of Constitution of India regarding reservation in public employment. The charge indicates
such
count.
11. Learned counsel places reliance on the
provisions of Article 338 of the Constitution of India,
in particular Sub Article (5)(b) thereof ... contours of the Article. Rule 1 itself
clearly delineates the duties of the Commission in
terms of Article 338(5) of the Constitution, which have
National Commission for Scheduled Castes,
A Constitutional body set up under
Article 338 of the Constitution of India,
5th Floor, Lok Nayak Bhawan,
Khan Market ... Scheduled Castes is a
constitutional body which is created under Article 338 of the
Constitution of India. The powers and the functions of the National
