Holding

The Commission does not possess the power to grant interim injunctions; its civil‑court powers are confined to investigation and inquiry under Article 338(8).

Summary

The National Commission for Scheduled Castes and Scheduled Tribes issued an interim order directing Indian Overseas Bank to halt its promotion process pending investigation of complaints relating to reservation. The bank and the candidates filed a writ petition, and the Delhi High Court set aside the Commission’s order, holding that the Commission lacked authority to issue such an injunction. On appeal, the Supreme Court examined whether Article 338(8) of the Constitution, together with the Constitution (Sixty‑Fifth Amendment) Act, 1990, conferred on the Commission the power to grant interim injunctions. The Court held that the powers of a civil court granted under clause 8 are limited to the purposes of investigation or inquiry and do not include the power to grant temporary or permanent injunctions. Consequently, the Commission’s interim order was ultra vires, and the appeal was dismissed, leaving the High Court’s decision intact.

Issues considered

Whether the National Commission for Scheduled Castes and Scheduled Tribes, under Article 338(8) of the Constitution, has the power to issue interim injunctions or stay orders.
Whether a single member of the Commission can issue a direction on behalf of the whole Commission.
Whether the Commission can stay a promotion process pending investigation.

Legislation cited

Commission of Inquiry Act, 1952s. Section 4, s. Section 5

Subjects

National Commission for Scheduled Castes and Scheduled Tribesinterim injunctionArticle 338civil court powerspromotion processreservationjurisdictionCommission of Inquiry Actconstitutional lawtemporary restraining order

Judgment

ALL INDIA INDIAN OVERSEAS BANK A
SCHEDULED CASTES AND SCHEDULED
TRIBES EMPLOYEES WELFARE ASSOCIATION AND ORS.
v.
UNION OF INDIA AND ORS.

OCTOBER 3 I, 1996. B

[A.M. AHMADI, C.J. AND S.P. BHARUCHA, J.]

Constitution of India, 1950: Articles 338 (8) and (5)

National Commission for Scheduled Castes and Scheduled Tribes- C
Powers of Civil Court-Exercise of-By Commission--Commission passed
an interim order to the Bank to stop the promotion process pending fi1rther
investigation and final verdict on certain complaints received by it-Held:
Powers of Civil Court are exercisable by the Commission for the purposes
of investigating any matter under Art. 338 (5)(a) or inquiry into any D
complaint under Art. 338(5)(b) but not for the purposes of granting
injunctions, temporary or permanent-Commission has no power to stay
the promotion process pending inquiry into a complaint-Hence,
Commission's interim order set aside--Constitution (Sixty Fifth Amendment)
Act, 1990, Section 8--Commission of Inquiry Act, 1952, Ss. 4 and 5-
Service Law. E

The National Commission for Scheduled Castes and Scheduled
Tribes directed respondent no. 3-Bank by an interim order to stop
the promotion process pending further investigation and final verdict
on certain complaints received by it. F
Respondent no.4, the Bank Officers' Association and respondent
nos. 5 to 8 who were candidates for selection for promotion filed a
writ petition before the High Court challenging the aforesaid order,
which was allowed. Hence this appeal.
G
On behalf of the appellant it was contended that the Commission
had power to issue interim order under Article 338(5) and (8) of the
Constitution of India introduced by the Constitution (Sixty Fifth
Amendment) Act, 1990 and that the Commission enjoyed powers like
a Civil Court for all purposes. H
295
296 SUPREME COURT REPORTS [1996] SUPP. 8 S.C.R.

A Dismissing the appeal, this Court

HELD : 1. All the procedural powers of a Civil Court given to
the National Commission for Scheduled Castes and Scheduled Tribes
by Article 338(8) of the Constitution of India are for the limited
purpose of investigating any matter under Article 338(5)(b). The
B powers of a Civil Court of granting injunctions, temporary or
permanent, do not inhere in the Commission nor can such a power
be inferred or derived from a reading of Clause 8 of Article 338 of the
Constitution. [302-H, 303-A[

2. The Commission having not been specifically granted any
C power to issue interim injunctions lacks the authority to issue an
order directing respondent no.3-Bank to stop the promotion process
pending further investigation and final verdict on the complaints
received by it. [303-B, 297-E]

D Ba/iram Waman Hiray v.Justice B. Lentin, [1988] 4 SCC 419, relied
on.

M V. Rajwade v. Dr. S.M Hassan, AIR (1954) Nag 71, referred to.

CIVIL APPELLATE JURISDICTION: Civil Appeal No. 13700 of
E 1996.
From the Judgment and Order dated 17.5.93 of the Delhi High Court
in C.W.P. No. 1362 of 1993.

F A.S. Nambiar, S.C. Paul, J.D. Jain, R.K. Azad and Santosh Singh
for the Appellants.

S.K. Bisaria for the Respondent No. 4

R. Mohan and Nedumaran for the Respondent No. 3
G
Ms. Binu Tarnta for D.S. Mehra for the Respondent No. I

The Judgment of the Court was delivered by :

H AHMADI, CJ. Leave granted.
ALL INDIA INDIAN OVERSEAS BANK SIC AND srr EMPLOYEES WELFARE ASSN_ y_ U.O I. !AHMADI. CJ I 297

By a letter No. 9/D/SCTC/M(S)/93 dated March 4, 1993, the National A
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 March, 1993
B
Dear Shri K. Subramanian,

Please refer to the commission letter No.9/D/SCTC/M(S)/92
dated 18th Feb.93 in the matter of contravention of Government
Directives relating reservation for SC/ST in Indian Overseas
Bank and Other matters adversely affecting their interests. C
The commission had desired the reply of Bank within 7 days of
said letter. It is a matter of concern that the reply from bank has
not reached the commission till date.

In view of the prima facie examination of the matter and D
considering the fact that the Bank is reportedly going ahead
with the promotion process, the commission, in exercise of the
powers conferred upon it under section 8 of the Constitution
(Sixty-Fifth Amendment) Act, 1990 hereby directs the Bank to
stop the promotion process pending further investigation and E
final verdict in the matter.

The commission also direct for requisitioning of all records in
custody of Bank relating to the said matter be produced before
it. For this purpose you are requested to ascertain a date from
my office. F

Please advice compliance.

Thanking you,

Yours faithfully,
G

Sd/-

(B. SAMMAIAH)
MEMBER" H
298 SUPREME COURT REPORTS [1996] SUPP. 8 S.C.R.

A It is a fact that when the letter was issued the respondent No.3 was
actually going through the process of deciding on promotion of various
employees at various levels. On March 4, 1993 when the letter was written,
the respondent No. 2, was perhaps not aware of the reply addressed to it
by respondent No. 3 on that very day meeting all the queries raised in the
letter dated February 18,1993, which letter was perhaps written on the
B representation made by the President of the All India Indian Overseas
Bank Scheduled Castes and Scheduled Tribes Welfare Association, the
appellant before us, alleging grave injustice to its members in matters of
promotion. In view of the letter of respondent No. 2 quoted above,
respondent No. 3 issued a letter on the same day staying the promotion
process. On March 6, 1993 the Indian Overseas Bank Officers Association,
C the respondent No.4, and respondents Nos. 5 to 8 who were candidates for
selection for promotion filed a writ Petition (Civil) No. 1362 of 1993
praying for a writ of Mandamus quashing the order dated March 4, 1993
staying the selection process. The High Court by the impugned judgment
allowed the writ petition with the finding that the Commission had no
power to issue interim orders like the one in question. Hence this appeal
D by special leave.

The short question that arises for consideration in this matter is whether
the Commission had the power to issue a direction in the nature of an
interim injunction? The appellant supports the letter dated March 4, 1993
E of the Commission on the facts of the case which supposedly justify the
passing of an interim direction of the type contained in the letter dated
March 4, 1993. The appellant refers to Article 338, clauses (5) and (8), of
the Constitution introduced by the Constitution (Sixty Fifth Amendment)
Act, 1990 to argue that the Commission had power to requisition public
record and hence it could issue directions as if it enjoyed powers like a
F civil court for all purposes. Further the appellant contends that even a
single member of the Commission has every _authority to pass a direction
on behalf of the entire Commission and hence the High Court was wrong
in expressing the view that a single member of the Commission could not
have issued the direction contained in the letter dated March 4, 1993. The
G appellant further contends that no writ would lie against an interim order
of the Commission.

The basic question, however, is whether the Commission had the
authority to issue the direction it did by the letter dated March 4, 1993.
Clauses (5) and (8) of Article 338 of the Constitution, which the appellant
H refers to as the source of the Commission's power, can be quoted for ready
ALL lNDIA JNDIAN OVER'iEAS BANK SIC AND srr EMPLOYEES WELFARE ASSN. v. U.0.1 [AHMADI. CJ.I 2 99

reference: A

"(5) 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 this Commission or under any other law for the B
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 ofrights and safeguards of the Scheduled Castes
and Scheduled Tribes; C

(c) to participate and advise on the planning process of socio-
economic development ofthe Scheduled Castes and Scheduled
Tribes and to evaluate the progress oftheir development under
the Union and any State;
D
( d) to present to the President, annually and at such other
times as the Commission may deem fit, reports upon the
working of those safeguards;

(e) to make in such report recommendations as to the measures E
that should be taken by the Union or any State for the effective
implementation of those safeguards and other measures for
the protection, welfare and socio-economic development of
the Scheduled Castes and Scheduled Tribes; and

(f) to discharge such other functions in relation to the F
protection, welfare and development and advancement of
the Scheduled Castes and Scheduled Tribes as the President
may, subject to the provisions of any law made by Parliament,
by rule specify.
G
( 6) The President shall cause all such reports to be laid before
each House of Parliament along with a memorandum
explaining the action taken or purposed to be taken on
the recommendations relating to the Union and the reasons
for the non-acceptance, if any, of any of such
recommendations. H
300 SUPREME COURT REPORTS [1996] SUPP. 8 S.C.R.

A (7) Where any such report, or any part thereof, relates to any
matter with which any State Government is concerned, a
copy of such report shall be forwarded to the Governor of
the State who shall cause it to be laid before the Legislature
of the State along with a memorandum explaining the action
taken or proposed to be taken on the recommendations
8 relating to the State and the reasons for the non-acceptance,
if any, of any of such recommendations.

(8) The Commission shall, while investigating any matter referred
to in sub-clause (a) or inquiring into any complaint referred
to in sub-clause (b) of clause (5), have all the powers of a
c 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;

D (b) requiring the discovery and production of any document;

( c) receiving evidence on affidavits;

(d) requisitioning any public record or copy thereof from
E any court or office;

(e) issuing commissions for the examination of witnesses
and documents;

(f) any other matter which the President may, by rule,
F determine."

It can be seen from a plain reading of clause 8 that the Commission
has the power of the Civil Court for the purpose of conducting an
investigation contemplated in sub-clause (a) and an inquiry into a
G complaint referred to in sub-clause (b) of Clause 5 of Article 338 of the
Constitution.

Sub-clauses (a) to (f) of clause (3) clearly indicate the area in which
the Commission may use the powers of a Civil Court. The Commission
has the power to summon and enforce attendance of any person from any
H part of India and examine him on oath; it can require the discovery and
ALL INDlA IND JAN OVERSEAS BANK SIC AND srr EMPLOYEES WELFARE ASSN_ v U.OJ IAHMADI. CJ_] 30 1

production of documents, so on and so forth. All these powers are essential A
to facilitate an investigation or an inquiry. Such powers do not convert the
Commission into Civil Court.

It will be interesting to observe that the Commissions of Inquiry Act
(1952) grants similar powers to the Commission of Inquiry. Section 4 and
sub-sections (4) and (5) of Section 5 of the Commissions of Inquiry Act, B
1952 which confer such powers are quoted below:

"4. Powers of Commission-The Commission shall have the
powers of a Civil Court, while trying a suit under the Code
of Civil Procedure, 1908 (Act V of I 908) in respect of the
following matters, namely:- C

(a) summoning and enforcing the attendance of any person
and examining him on oath;

(b) requiring the discovery and production of any document;
D
( c) receiving evidence on affidavits;

(d) requisitioning any public record or copy thereof from
any Court or office;
E
(e) issuing commissions for the examination of witnesses or
documents;

(I) any other matter which may be prescribed.

5. (4) The Commission shall be deemed to be a civil Court and F
when any offence as is described in section 175, section 178,
Section I79, Section 180 or Section 228 of the Indian Penal
Code (Act XLV of I 860) is committed in the view or presence
of the Commission, the Commission may, after recording
the facts constituting the offence and the statement of the G
accused as provided for in the Code of Criminal Procedure,
1898 (Act V of I 898) forward the case to a Magistrate having
jurisdiction to try the same and the Magistrate to whom any
such case is forwarded shall proceed to hear the complaint
against the accused as if the case had been forwarded to him
under Section 482 of the Code of Criminal Procedure, 1898. H
302 SUPREME COURT REPORTS [1996] SUPP. 8 S.C.R.

A (5) Any proceedings before the Commission shall be deemed to
be a judicial proceeding within the meaning of Sections 193
and 228 of the Indian Penal Code (Act XLV of 1860)."

In MV Rajwade v. Dr. SM Hassan, AIR (1954) Nagpur 71, the
question whether the Commission of Inquiry, by virtue of the above
B provisions, could be treated to be a civil court for the purpose of the
Contempt of Courts Act, 1971 came to be considered. The High Court
observed as under:

"It would appear from Section 4 that it only clothes the
Commission with certain powers of a Civil Court but does
c not confer on it the status of a Court. It is only under sub-
section (4) of Section 5 that the Commission is deemed to be
a Civil Court and sub-section (5) imparts to the proceeding
before it the character of a judicial proceeding. However,
these provisions only create a fiction which cannot extend
beyond the purpose for which it is created."
D
The judgment in the case of M V Rajwade (supra) was referred to
with approval by this Court in Dr. Baliram Waman Hiray v. Justice B.
Lentin and others, [1988] 4 SCC 419. The question in that case was whether
the Commission of Inquiry constituted under Section 3(1) of the
Commissions oflnquiry Act, 1952 was a court for the purpose of Section
E 195 (l)(b) Criminal Procedure Code, 1973. It was contended before the
Court that sub-Section (4) of Section 5 of the Commission oflnquiry Act
created a legal fiction by which the Commission of Inquiry was deemed to
be a Civil Court for all purposes. It was held that the words "for all
purposes" are not there in the first part of sub-section (4) and the Court
F cannot, in the guise ofinterpreting the provision, supply any casus omissus.
The Court went on to say that the purpose of creating the fiction was
reflected in .the second part of sub-clause 4, viz., for the purpose of
proceedings under Section 482 of the Old Code and Section 346 of the
new Code of Criminal Procedure.

G Interestingly, here, in clause 8 of Article 138, the words used are
"the Commission shall ... have all the powers of the Civil Court trying a
suit." But the words "all the powers of a Civil Court" have to be exercised
"while investigating any matter referred to in sub-clause (a) or inquiring
into any complaint referred to in sub-clause (b) of clause 5". All the
procedural powers of a Civil Court are given to the Commission for the
H purpose of investigating and inquiring into these matters and that too for
ALL INDIA JN DIAN OVERSEAS BANKS/C ANDS/TEMPLOYEESWELFAREASSN. v. U.0.1. [AHMADI, CJ.] 303

that limited purpose only. The powers of a Civil Court of granting A
injunctions, temporary or permanent, do not inhere in the Commission
nor can such a power be inferred or derived from a reading of clause 8 of
Article 338 of the Constitution.

The Commission having not been specifically granted any power to
issue interim injunctions, lacks the authority to issue an order of the type B
found in the letter dated March 4, 1993. The order itself being bad for
want of jurisdiction, all other questions and considerations raised in the ·
appeal are redundant. The\High Court was justified in taking the view it
did. The appeal is dismissed. No costs.

v.s.s. Appeal dismissed. C