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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
NAMIT KUMAR
Punjab State Power Corporation Ltd. – Appellant
Versus
Punjab State Scheduled Caste Commission – Respondent
JUDGMENT :
Namit Kumar J.
The petitioner-Punjab State Power Corporation Limited has approached this Court by filing the instant writ petition under Articles 226/227 of the Constitution of India seeking a writ of certiorari for quashing the order dated 02.02.2022 (Annexure P-3) passed by respondent No.l-Punjab State Scheduled Caste Commission, Chandigarh (herein after referred as 'the Commission'), whereby it has been directed that respondent No.2 is liable to be promoted as Senior Executive Engineer.2. The brief facts, as have been pleaded in the petition, are that respondent No.2-Surinder Pal (retired Assistant Executive Engineer) was initially appointed as Junior Engineer (Electrical) by way of direct recruitment in the year 1985 against a reserved vacancy. Thereafter, he was promoted to the post of Assistant Executive Engineer by seeking the benefit of reservation in promotion. Next avenue of promotion from the post of Assistant Executive Engineer is to the post of Senior Executive Engineer. Although, he was not in the zone of consideration for promotion to the post of Senior Executive Engineer, however, vide complaint dated 01.04.2021, he approached respondent No.l-the Commission
State Commission lacks adjudicatory authority; it cannot determine caste or tribe status of individuals or demand caste certificate production.
Jurisdictional limits of administrative commissions prevent them from adjudicating compensation claims, and claims can be dismissed based on delay and res judicata principles.
The National Commission for Scheduled Castes and Scheduled Tribes lacks jurisdiction to investigate individual caste status claims, which violates natural justice principles.
Section 8 (B) of the Act reads as Functions of the Commission The functions of the commission shall be to inquire into specific complaints with respect to the deprivation of rights and safeguard of t....
It is now a well-settled principle of law that an executive order must be passed in conformity with rules. Power of State Government to issue executive instructions is confined to filling up of the g....
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