The National Commission for Scheduled Castes lacks jurisdiction to issue binding recommendations concerning service matters, as defined under Article 338 of the Constitution.

JUDGMENT

Jyoti Singh, J. (ORAL)

1. Present writ petition has been filed assailing the orders dated 23.10.2019, 27.05.2020 and 04.04.2022, passed by the National Commission for Scheduled Caste (hereinafter referred to as the `Commission') allegedly in contravention of Article 338 of the Constitution of India.

2. At the outset, Respondent No. 1, who appears in person, submits that he would be arguing the case himself and does not need assistance of a counsel.

3. Facts necessary and relevant for adjudication of the issue arising before this Court are that Respondent No. 1 (hereinafter referred to as the `Respondent') was transferred on 30.01.2019 as Head of the Department of ENT, MAMC to Guru Teg Bahadur Hospital. The order was challenged by the Respondent before the Central Administrative Tribunal in O.A. No. 436/2019, on the ground that Government of NCT of Delhi had no power to pass the transfer order. The Tribunal issued notice but no stay was granted. W.P.(C) 1934/2019 was filed by the Respondent, which was disposed of by this Court on 25.02.2019, granting interim stay. Finally, the O.A., was dismissed by the Tribunal and the review application was also rejected on 17.07.2019.

4. Writ petition being W.P.(C) 8981/2019 was filed by the Respondent assailing both the orders inter alia on the grounds that the transfer order was issued by GNCTD, which had no authority to issue the order, since the Respondent was a member of Central Health Services as also that the order was actuated by malice as Respondent had made complaints about financial irregularities at MAMC relating to certain purchases. The writ petition was dismissed by the Division Bench of this Court on 20.08.2019 and admittedly, the said order was not challenged by the Respondent.

5. After the dismissal of the writ petition, Respondent made a representation before Respondent No.2/Commission alleging discrimination and harassment on caste grounds. Summons dated 19.09.2019 were received from the Office of the Commission, directing the Principal Secretary to appear before the Commission on 09.10.2019, which was rescheduled to 22.10.2019. On 23.10.2019, an order was passed by the Commission observing that Respondent was facing harassment on account of frequent transfers and directing that he be placed in MAMC in six weeks. Vide letter dated 29.01.2020, the Commission was informed that Respondent had been transferred to GTBH due to administrative reasons and cannot be reverted.

6. Another notice dated 20.05.2020 was received from the Commission calling upon the officers of the Petitioners for hearing, along with relevant records on 26.05.2020. After the meeting, an order dated 27.05.2020 was forwarded to the Petitioners by the Commission recommending that Respondent be transferred to MAMC within 15 days maintaining his seniority and he should not be harassed on grounds of social origin. Action taken report was called for within three weeks.

7. On 04.07.2020, Petitioners passed an order transferring the Respondent to MAMC and he was also appointed as the Head of the Department of ENT. Yet another complaint was given by the Respondent on 25.08.2020 alleging supersession for the post of Medical Superintendent, Lok Nayak Hospital and a complaint was also filed before the Commission. Pursuant to the complaint, proceedings were held before the Commission and finally by order dated 04.04.2022, the Commission recommended that Respondent be considered for the post of Medical Director at Lok Nayak Hospital within two weeks and sought compliance within 21 days. Challenging the aforesaid orders, t