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Delhi HC Issues Notice On Plea Seeking Declaration That National Commission For Scheduled Castes Has No Power To Interfere In Sub Judice Matters

Nupur Thapliyal
14 Oct 2021 4:15 PM GMT
Delhi HC Issues Notice On Plea Seeking Declaration That National Commission For Scheduled Castes Has No Power To Interfere In Sub Judice Matters
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The Delhi High Court has issued notice on a plea seeking a declaration that the National Commission for Scheduled Castes has no power to interfere in sub judice matters in terms of Rule 7.4.1(e) of the Rules of Procedure of the Commission.

Justice Rekha Palli issued notice on the plea and granted four weeks' time to the Commission for filing a status report in the matter.

The plea also seeks a declaration that the Commission does not have the power to act on a complaint which does not allege any violation of Reservation policy, Government of India Orders, State Government Orders, PSUs and Autonomous Bodies orders or any other violation Rules of Reservation in terms of Rule 7.4.1 (d) and (h) of its own Rules of Procedure.

The plea has been filed by the Delhi Government through Deputy Commissioner Department of Transport.

The petition also prayed for a direction to call records of a case pending before the Commission and to quash all the proceedings emanating therefrom.

Advocate Gautam Narayan appearing for the petitioner submitted that not only has the Commission acted beyond its jurisdiction by entertaining a sub judice matter, but the said act is in teeth of the order passed by the High Court in the case titled Transport Department, Govt. of NCT of Delhi vs. National Commission for Scheduled Castes and Anr.

Considering the submissions, the Court issued notice in the plea and ordered thus:

"Till the next date, proceedings before the respondent no.1 will remain stayed."

The matter will now be heard on February 1, 2022.

Title: GOVERNMENT OF NCT OF DELHI THROUGH DY COMMISSIONER DEPARTMENT OF TRANSPORT v. NATIONAL COMMISSION FOR SCHEDULED CASTES & ANR.

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