W.P.(C)/3360/2015 of SANJEEV KUMAR SHARMA Vs NATIONAL COMMISSION FOR SCHEDULE TRIBES & ORS.

*IN THE HIGH COURT OF DELHI AT NEW DELHI+W.P.(C) 3360/2015

SANJEEV KUMAR SHARMA

..... Petitioner

Through:Mr Pramod Gupta with Ms VrindaArora, Advocates.

versus

NATIONAL COMMISSION FOR SCHEDULETRIBES & ORS.

..... RespondentsThrough:MrJagdeepKumarandMrDeepankur Sondhi, Advocates for R-2/NDMC.

CORAM:HON'BLE MR. JUSTICE VIBHU BAKHRUO R R%13.03.2019

1.The petitioner has filed the present petition, inter alia, praying asunder:-

“a. Issue writ order or direction, restraining NationalCommissionforScheduledTribesfrominterferingandhindering the judicial proceedings already pending beforeCentral Administrative Tribunal in OA no. 4043 of 2013 anddirecting NCST not to pass any direction on any issue which isthe subject matter of OA no. 4043 of 2013;

b.Issueawritorder ordirection, restrainingNationalCommission for Scheduled Tribes from passing any directionon any issue which is administrative in nature, especially whenthere is no caste based harassment or discrimination;

c. Quash and set aside the order dated 03.01.2015 and11.03.3025 passed by the National Commission for Scheduled

Tribes and the consequential order dated 19.03.2015 passed byNDMC qua the petitioner.”

2.Insofar, as the dispute raised by the petitioner regarding seniority isconcerned, the same is settled in favour of the petitioner by the judgementdated 10.07.2017, passed by the Division Bench in W.P.(C) 5453/2015.Therefore, the principal grievance of the petitioner has been addressed.Nonetheless, learned counsel appearing for the petitioner had indicated thatthe relief sought in prayer clause (c) would still remain. In this regard, thisCourt had passed the following order on 09.03.2018:-

“1. Mr. Saharya, who appears for NDMC says that inview of the Division Bench judgment dated 10.7.2017,passed in W.P.(C) No.5453/2015, the main grievance ofthe petitioner stands addressed.

2. Mr. Gupta on the other hand says that the reliefwhich is sought for in prayer clause (c) remainsoutstanding.

3. Mr. Saharya will take instructions as to whetherafter the Division Bench judgment, the orders referred toin prayer clause (c) would stand. In other words, whetherNDMC would be willing to withdraw the said orders.

3.1 In doing so, and in deliberating upon this issue,the NDMC will take into account the judgment of DelhiHighCourtdated28.5.2014,passedinW.P.(C)2390/2012, titled: Union of India and Anr. v. NationalCommission for Schedule Caste Anr. and of the SupremeCourt titled: All India Indian Overseas Bank SC and STEmployees' Welfare Association v. Union of India, (1996)6 SCC 606.

4. These judgments delineate the powers of NationalCommission for Scheduled Tribes as conferred upon itunder Article 338 of the Constitution.

5. Accordingly, renotify the matter on 17.7.2018.”

3.Thereafter, the petitioner filed an application to amend the writpetition, by seeking the following additional relief:-

“(d)Issue Writ order or direction in the nature of aCertiorari Quashing or setting aside the directions ascontained in the letter dated 08.12.2015 read with theproceedings of NCST dated 09.11.2015.”Certiorari Quashing or setting aside the directions ascontained in the letter dated 08.12.2015 read with theproceedings of NCST dated 09.11.2015.”

4.The learned counsel appearing for the New Delhi Municipal Council(Respondent No. 2-NDMC) states that the petitioner’s grievance withregard to orders dated 03.01.2015 and 11.03.2015, passed by the NationalCommission for Scheduled Tribes, and the consequential order dated19.03.2015 passed by the NDMC, also does not survive. This is so becausein terms of the decision of this Court in Union of India and Anr. v.National Commission for Scheduled Caste and Anr.: W.P.(C) 2390/2012decided on 28.05.2014 and the decision of the Supreme Court in All IndiaIndian Overseas Bank SC and ST Employees Welfare Association andOthers v. Union of India: (1996) 6 SCC 606,the orders passed by theNational Commission for Scheduled Tribes, in regard to service matters, arenot binding on the concerned authorities.

5.The powers of the National Commission for Scheduled Tribes, doesnot extend to adjudicating disputes regarding service matters. In view of theabove, the directions contained in the letter dated 08.12.2015, issued by theNational Commission for Scheduled Tribes, and the proceedings dated09.11.2015 also do not stand and are, accordingly, set aside.

6.No further orders are required to be passed in this petition. The same

is, accordingly, disposed of.

MARCH 13, 2019MK

VIBHU BAKHRU, J