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Collector, Bilaspur Vs. Ajit P. K. Jogi and ors.

Court : Supreme Court of India

Reported in : 2011(4)KLT83(SN)(C.No.90); 2011AIRSCW6107; (2011)10SCC357; 2012(1)MLJ357; 2012(1)SCJ260; 2012(2)LLN36

..... year 2001, the sixth respondent filed a complaint before the national commission for scheduled castes and scheduled tribes (the third respondent herein, for short `commission') alleging that the first respondent was a christian and that he did not belong to a scheduled tribe; and that he had obtained several false caste certificates showing him as belonging to `kanwar' scheduled tribe and had contested elections from a constituency reserved for scheduled tribes. ..... of the constitution of india mandates the constitution of a national commission for scheduled castes and article 338a mandates the constitution of a national commission for scheduled tribes. ..... relevant point of time, that is in the year 2001, article 338a was not in existence and the unamended article 338 provided for a national commission for scheduled castes and scheduled tribes. ..... it shall be the duty of the commission--- (a) to investigate and monitor all matters relating to the safeguards provided for the scheduled castes and scheduled tribes under the constitution or under any other law for the time being in force or under any order of the government and to evaluate the working of such safeguards;(b) to inquire into specific complaints with respect to the deprivation of rights and safeguards of the scheduled castes and scheduled tribes; (c) to participate and advise on the planning process of socio- economic development of the scheduled castes and scheduled tribes and to evaluate the progress of their development .....

A.K. Chaudhary and 2 ors. Vs. the State of Gujarat and 2 ors.

Court : Gujarat

Reported in : 2006CriLJ726

..... (m)in the meantime, the national commission for scheduled caste and scheduled tribes recommended for taking appropriate action for ventilating the grievance of the deceased. ..... therefore, even if one may have sentimental sympathy on account of the death of a member of scheduled caste and scheduled tribe and his family members, such sympathy cannot be termed and treated as commission of offence for which the charge is made in the complaint.48. mr. ..... it appears that there would not be any intention on the part of the legislature to create a situation that no proceedings whatsoever can be initiated against a member of scheduled caste and scheduled tribe, which as per the member of scheduled caste or a scheduled tribe may be false, or malicious or vexatious, since no citizen can be prevented from approaching the court of law for filing suit or criminal prosecution or legal proceedings against any citizen, including against a member of scheduled caste or a scheduled tribe.30. ..... 498/2004 of sabarmati police station, ahemdabad by showing the occurrence of the incidents of two years before on 26.10.2004 and from 23.10.2004 to 27.10.2004, for the offences under section 306, 114 of ipc read with section 3, 1, 6,8, 10 of the scheduled castes and the scheduled tribes (prevention of atrocities) act, 1989 (hereinafter referred to as the atrocities act for short) and the complainant is the brother of the deceased, shri kantibhai sanjibhai parmar.3. .....

Karnataka Antibiotics and anr. Vs. National Commission Sc and St ors.

Court : Karnataka

Reported in : ILR2008KAR3305; 2009(3)KarLJ481; ILR2008(3)Kar3305; 2008(3)KCCR1901

..... union of india (supra) held that 'all the procedural powers of civil court given to the national commission for schedule caste and schedule tribe by article 338(8) of the constitution of india are for the limited purpose of investigating any matter under article 338(5)(a) or inquiring into any complaint, under 338(5)(b). ..... the second respondent is a member of first respondent-national commission for scheduled castes and scheduled tribes, hi this writ petition the petitioners are questioning the competency of the second respondent to issue the impugned direction. ..... article 338 of constitution of india specifies for constitution of national commission for schedule castes and schedule tribes. ..... article 338 of the constitution of india will only empower the commission and its members to investigate into the complaint received by it and to submit a report to the concerned authority to take suitable measures to protect the interest of scheduled caste and scheduled tribe community people. ..... in view of the law declared by the supreme court, the commission issued an official memorandum on 01.01.1998 specifying that the commission has no power to grant injunction or withholding of operation of any order issued by the government and that it can only recommend on the complaints received by it.8. ..... the first respondent commission is not empowered to set aside the order of penalty and the order of the appellate authority against the fourth respondent and to order for a fresh enquiry. .....

All India Indian Overseas Bank SC and ST Employees' Welfare Associatio ...

Court : Supreme Court of India

Reported in : 1996VIIIAD(SC)564; JT1996(10)SC287; 1999(1)SCALE5a; (1996)6SCC606; [1996]Supp8SCR295; 1997(1)LC70(SC)

..... 9/d/sctc/m(s)/93 dated march 4,1993, the national commission for scheduled castes and scheduled tribes (hereafter referred to as 'the commission') directed the executive director of the indian overseas bank, the respondent no.3, thus:no.9/d/sctc/m(s)/93 4th ..... shall be the duty of the commission-(a) to investigate and monitor all matters relating to the safeguards provided for the scheduled castes and scheduled tribes under this commission or under any other law for the time being in force or under any order of the government and to evaluate the working of such safeguards;(b) to inquire into specific complaints with respect to the deprivation of rights and safeguards of the scheduled castes and scheduled tribes;(c) to participate and advise on the planning process of socioeconomic development of the scheduled castes and scheduled tribes and to evaluate the progress of their ..... development under the union and any state;(d) to present to .....

Sh. Raghubir Singh (Retd) Vs. Union of India (Uoi) and ors.

Court : Delhi

Reported in : 138(2007)DLT467

..... as it emerges is best reflected in the respondents letter dated 8th february, 2003 addressed to the national commission for scheduled castes and scheduled tribes and the relevant portion is extracted herein below:(a) mes/445658 shri raghubir singh, carpenter hs grade - i (retired) was appointed as carpenter on 10.10.1964 and promoted as carpenter hs grade - i on 15.10.1985(b) the acr of the individual is held since 1992 and not from 1994 as stated by the individual(c) no dpc for promotion to master craftsman held in 1995 hence the question of non-considering his name ..... we have considered the stand taken by respondents in their communications dated (i) 9th august, 1999, (ii) 28th january, 2002 addressed to the petitioner and (iii) 8th february, 2003 addressed to the section officer, national human rights commission for scheduled castes & scheduled tribes. ..... supreme court observed as follows:there cannot be any dispute with the proposition that if a candidate is entitled to be admitted on the basis of his own merit then such admission should not be counted against the quota reserved for scheduled caste or scheduled tribe or any other reserved category since that will be against the constitutional mandate enshrined in article 16(4).17. ..... a perusal of the proceedings of the departmental promotion committee meeting held in 1999 shows that there were 8 general vacancies and 1 reserved vacancy for scheduled castes for the post of master craftsman. .....

Ajit P.K. Jogi Vs. National Commission for Scheduled Castes and Schedu ...

Court : Chhattisgarh

Reported in : AIR2007Chh90

..... (national commission for scheduled castes and scheduled tribes) - ((1) there shall be a commission for the scheduled castes to be known as the national commission for the scheduled castes(2) subject to the provisions of any law made in this behalf of parliament, the commission shall consist of a chairperson, vice-chairperson and three other members and the conditions of service and tenure of office of the chairperson, vice-chairperson and other members so appointed shall be such as the president may by rule determine. ..... 11230 of 2006 which runs to typed 31 pages for a direction to the central bureau of investigation to seize the entire records from the state government pertaining to issuance of alleged caste certificates in the name of the petitioner at different points of time and also record of enquiry conducted by the national commission for scheduled castes and scheduled tribes and to direct cbi to conduct an enquiry with regard to the issuance of caste certificates to the petitioner at different points of time and use of such caste certificates by him at various places. .....

Indian Institute of Technology Vs. National Commission for Scheduled C ...

Court : Delhi

Reported in : 111(2004)DLT155; 2004(74)DRJ109

..... article 338 provides for the constitution of national commission for scheduled caste and scheduled tribes. ..... the present petition raises a legal issue about powers of national commission for scheduled caste and scheduled tribes to exercise jurisdiction of review in respect of an earlier order passed by the said commission.4. ..... this aspect has also to be examined keeping in mind the duties of the commission set out in article 338(5) (5) which has to investigate and monitor all matters relating to safeguarding the rights of the scheduled caste and scheduled tribes and to enquire into specific complaint with respect to deprivation of the rights and safeguarding. ..... (b) of clause 95), have all the powers of a civil court trying a suit and in particular in respect of the following matters, namely : (a) summoning and enforcing the attendance of any person from any part of india and examining him on oath;(b) requiring the discovery and production of any documents;(c) receiving evidence on affidavits;(d) requisitioning any public or copy thereof from any court or office;(e) issuing commissions for the examination of witnesses and documents;(f) any other matter which the president may, by rule, determine.15. .....

National Hydroelectric Power Corporation Ltd. Through Shri Joginder Si ...

Court : Delhi

Reported in : 100(2002)DLT670

..... filed a complaint before national commission for scheduled castes and scheduled tribes on 16.10.2000. ..... also filed a complaint before the parliamentary committee on welfare of scheduled castes and scheduled tribes on 11.10.2000 and the national human rights commission on 11.10.2000. ..... i have asked the counsel appearing for the respondent whether there ware any procedure laid down by the commission or any rules and regulations with regard to the method to investigate complaints referred to the commission under article 338 of the constitution of ..... as the complainant himself has filed writ petition and when said fact was brought to the notice of the commission, the commission ought to have dismissed the complaint as two remedies are not contemplated in our legal ..... a matter of fact, at the time when the commission is entertaining a complaint, matter has to be investigated and efforts ought to have been made by the commission to have reply of the corporation at the first instance ..... for the respondent is unable to sow me any rules and regulations or guide-lines laid down in this regard by the commission. ..... there was no jurisdiction for the commission to act under article 338 of the constitution of india when ..... yogendra prasad, chairman and managing director, national hydroelectric power corporation ltd ..... 3 was again considered for promotion by dpc held on 10.12.1999 and 27.7.2000 and the result of the dpc held on 27.7.2000 was kept in sealed cover because of a pending cbi case against respondent .....

Mallela Venkata Rao and Others Vs. State of Andhra Pradesh and Others

Court : Andhra Pradesh

Reported in : 2000(6)ALD555; 2000(1)ALD(Cri)226; 2000(6)ALT438

..... the slate government could only sub-classify being a major policy decision after consultation with the national commission for scheduled castes and scheduled tribes (hereinafter referred to as 'national commission') as envisaged by article 338(9) of the constitution and on a recommendation requiring the state to take any action is made to the governor who was enjoined to place it before legislature of the state along with memorandum of action taken, proposed to be taken and reasons for non-acceptance of any of such recommendation.6. ..... the full bench was of the view that, any sub-classification could be made only after consultation with the national commission for scheduled castes and scheduled tribes created under article 338 of the constitution. ..... the learned counsel for the petitioners contended that in view of non-compliance of article 338(9), which envisages that the state government shall consult the commission on all major policy matters affecting scheduled castes and scheduled tribes have no force on a factual matrix. ..... there is no dispute, if we hasten to add, the fixation of percentage of reservation for scheduled castes and scheduled tribes was accepted as within the purview of the state legislation. ..... constitution in order to put the nation on the road of progress and give effect to the ground realities cast a duty on the state or the union for uplimnent of scheduled castes, scheduled tribes and backward classes. .....

Jaishri Laxmanrao Patil Vs. The Chief Minister And Ors.

Court : Supreme Court of India

..... committee also took note of the concerns raised by some members regarding the composition of the commission and would like to impress upon the ministry that while addressing the concerns of the members the rules framed for the chairperson and members of the national commission for scheduled casts and national commission for scheduled tribes may be taken into consideration ..... the statement of objects and reasons of the constitution (one hundred and twenty third amendment) bill, 2017, we had noticed above, 337 in which one of the objects of the constitutional amendment was: - ...in order to safeguard the interests of the socially and educationally backward classes more effectively, it is proposed to create a national commission for backward classes with constitutional status at par with the national commission for scheduled castes and the national commission for scheduled tribes ..... , in order to safeguard the interests of the socially and educationally backward classes more effectively, it is proposed to create a national commission for backward classes with constitutional status at par with the national commission for scheduled castes and the national commission for scheduled tribes.4 ..... , in order to safeguard the interests of the socially and educationally backward classes more effectively, it is proposed to create a national commission for backward classes with constitutional status at par with the national commission for scheduled castes and the national commission for scheduled tribes .....