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1 - 4 of 4 (0.24 seconds)All India Indian Overseas Bank Sc & St ... vs Union Of India And Ors on 31 October, 1996
4. Mr. Anand Pai, the learned counsel for the petitioner-MPA
refers to the decision in "All India Ltd. Overseas Bank SC & ST
Employees' Welfare Assn. v. Union of India & Ors." (1996) 6 SCC 606
wherein the Hon'ble Supreme Court observed that though the NCSC
has powers to summon and enforce attendance of any person and
such powers are essential to facilitate an investigation or an
enquiry, such powers do not convert the NCSC into Civil Court. The
Hon'ble Supreme Court held as under:
M.Nagaraj & Others vs Union Of India & Others on 19 October, 2006
(c) promotion to the post of Stenographer and further to the post of
PA to HOD following the rules of reservation and (d) to forward the
roster for verification to the Ministry of Shipping, nowhere touches
upon any essential functions of the petitioner-MPA. Such
observations by the NCSC also do not go beyond the powers
conferred on it by virtue of Clause (5) of Article 338 of the
Constitution of India. These observations which are construed by
the petitioner-MPA as directions are only reiteration of the order
dated 1st June 2023 and the guidelines. The anxiety of MPA seems to
emanate from the pending contempt proceedings in this Court and
the Special Leave Petition before Hon'ble Supreme Court, wherein no
order of stay has been granted in its favour. However, such
pendency of the cases and the purported compliance of the
judgment in "M. Nagraj and others v. Union of India and Others"
Indian Institute Of Technology vs National Commission For Scheduled ... on 23 March, 2004
5. The learned counsel for the petitioner has also placed reliance
on the decision in "Indian Institute of Technology, Delhi v. National
Commission for Scheduled Castes & Scheduled Tribes and Anr." 2004
(74) DRJ 109. In this judgment, so the High Court made a similar
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Rameshwar Dilwale 905-WPL-1449-25.doc
observation and held that the powers set out under Article 338 (5) of
the Constitution of India are intended to safeguard the rights of the
Scheduled Castes and Scheduled Tribes and to inquire into specific
complaints with respect to the deprivation of rights of the Scheduled
Castes and Scheduled Tribes but such jurisdiction cannot be
exercised as if the NCSC has been conferred powers of the Civil
Court. The Hon'ble Delhi High Court held as under:
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