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2022 Supreme(Kar) 352

M. I. ARUN
VASAVI EDUCATION SOCIETY (R) – Appellant
Versus
KARNATAKA STATE COMMISSION FOR THE SCHEDULED CASTES AND SCHEDULED TRIBES, BENGALURU – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: PRASHANT F. GOUDAR, NAVEEN GUDIKOTE, B.N. MAHESH CHANDRA, AISHWARYA N. JAIN.
For the Respondents: C. JAGADISH, MALLIKARJUN C. HUKKERI.

ORDER :

1. Respondent No. 2 was an employee of the petitioner institution and was serving as a Head Master of the school. On allegations of certain misconduct, disciplinary proceedings were initiated against him and he was demoted to the post of a teacher. Respondent No. 2 belongs to a scheduled caste category. He has not challenged the disciplinary proceedings against him before the competent authority. However, he has filed a complaint before respondent No. 1-The Karnataka State Commission of Scheduled Castes and Scheduled Tribes against the action of the petitioner. Based on the complaint of respondent No. 2, respondent No. 1 has passed an interim order, wherein it has directed the government to withhold the grants being made to the petitioner institution. Aggrieved by the same, the instant writ petition is filed.

2. Respondent No. 1 is constituted under the Karnataka State Commission for the Scheduled Castes and Scheduled Tribes Act, 2002 Section 8 of the enactment deals with functions of the commission and Section 10 deals with powers of the commission. Section 8 (B) of the Act reads as under:

    “8. Functions of the Commission - The functions of the commission shall be as follows:

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