JUDGMENT :

RAMESH SINHA, J.

1. The present writ petition has been filed by the petitioner with the following relief(s):

“10.1. That, this Hon’ble Court may kindly be pleased to direct the respondent authorities to call the entire records pertaining to this case.

10.2 That the Hon’ble Court may kindly be pleased to issue writ in the nature of certiorari, prohibition and mandamus, thereby after declaring the impugned order dated 08.07.2016 (Annexure P/1) as illegal and arbitrary, quash it, and no such coercive steps including to lodge FIR under SC and ST Atrocities Act, 1985 as recommended by Commission be initiated against the petitioner.

10.3 Hon’ble Court may kindly be pleased to direct the respondent authorities especially to res. No. 3 that power and function conferred under provisions of 1995 Act, and further to pass any other relief or order that deems fit along with cost of the petition, in the interest of justice.”

2. The petitioner has challenged the legality, validity and propriety of the order dated 08.07.2016 passed by respondent No.3/Chhattisgarh State Scheduled Tribes Commission, Raipur (for short, the Commission) whereby the Superintendent of Police, Bastar has been directed to register FIR against the petitioner under the provisions of Scheduled Tribes and Scheduled Castes (Prevention of Atrocities) Act, 1989 (for short, ‘the Act, 1989’).

3. The matter, in nutshell, is that, the petitioner is posted as male Health Worker at Maharani Hospital, Jagdalpur. The respondent No. 5 then the Joint Director, Health Services, Indravati Bhawan, New Raipur committed various irregularities in appointment and promotion to various posts of the department and information regarding it was sought by the petitioner under the Right to Information Act, and thereafter the complaint was made by the 3 petitioner before the Chhattisgarh Lok Ayog, Raipur on 20.02.2015. When the respondent No. 5 came to know about said complaint made by the petitioner against him, he made a complaint before the Chhattisgarh Scheduled Tribes Commission, Raipur on 20.03.2015 making allegation that he is a member of Scheduled Tribes Community and the petitioner has made a false complaint against him due to which frivolous news has been published in the newspaper. The Commission/respondent No.3 took cognizance of the complaint made by the respondent No.5 and after due enquiry, vide order dated 08.07.2016 by exercising powers conferred under Section 9 of the Chhattisgarh State Scheduled Tribes Commission Act, 1995 (for short, the Act, 1995) made recommendation for registration of FIR against the petitioner under the Act, 1989.

4. Learned counsel for the petitioner would submit that the respondent No.5 made a complaint before the Commission with ulterior motive and the provisions of the Act, 1995 have been wrongly exercised. He would further submit that the Commission/respondent No.3 ought to have considered the entire facts and it can make recommendation only, whereas, in the instant case, a clear order has been passed to register FIR for commission of offence under the provisions of the Act, 1989 which is utter breach of the provisions of the Act, 1995. He has placed reliance on the decision passed by this Court in the matter of Chhattisgarh State Power Generation Co. Ltd. v. Chhattisgarh Rajya Anusuchit Jan Jati Ayog in Writ Petition (C) No.1735 of 2017 to 4 buttress his argument.

5. On the other hand, learned counsel for the State and other respondents would submit that the Commission by exercising the powers conferred under the Act, 1995 passed the order for registration of FIR. They would further submit that the Commission has passed the order impugned while exercising its powers contemplated under the Section 9(1)(a) of the Act, 1995. They would also submit that opinion of the Commission may be accepted by the Government or it may be rejected, therefore, at this stage, the petitioner has no right to challenge the order passed by the Commission dated 08.07.2016.

6.