TaxTMI 
TaxTMI 
1996 (10) TMI 505
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....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: IMAGES NO. 1 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. 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 examina....
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....rocess. On March 6, 1993 the Indian Overseas Bank Officers Association, 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 by special leave. 4. 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 of the....
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....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 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 that should be taken by the Union or any State for the effective implementation of those safeguards and other me....
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....art of India and examining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavits; (d) requisitioning any public record 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. 6. 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 complaint referred to in Sub-clause (b) of Clause 5 of Article 338 of the Constitution. 7. Sub-clauses (a) to (f) of Clause (3) clearly indi....
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....f the Indian Penal Code (Act XLV of 1860) 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 accused as provided for in the Code of Criminal Procedure, 1898 (Act V of 1898) 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. (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). 9. In M.V. R....
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....the guise of interpreting 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. 11. 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 ....