IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Reserved on: April 09, 2025 Pronounced on : July 08, 2025 SUNIL DUTT VERMA -PETITIONER V/S NATIONAL COMMISSION FOR SCHEDULED CASTES AND OTHERS -RESPONDENTS CORAM: HON'BLE MR. JUSTICE KULDEEP TIWARI Present: Mr. Himanshu Arora, Advocate for the petitioner.

Ms./Mrs. Gurmeet Kaur, Advocate for the respondent(s)-U.O.I.

Mr. Pardeep Bajaj, D.A.G., Punjab.

Mr. C.S. Jattana, Advocate for the respondent No.8.

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KULDEEP TIWARI, J.

1. The hereinafter enumerated directions, as embodied in the order dated 11.01.2023 drawn by the National Commission for Scheduled Castes (hereinafter referred to as the ‘National Commission’), caused pain to the petitioner, who was at the relevant time posted as Executive Officer, Municipal Council, Barnala and consequently propelled him to institute thereagainst the instant writ petition.

“4. After hearing both the parties in detail, the following has been desired by the Hon'ble Chairman, NCSC:-

(i) An FIR under relevant sections of Indian Penal Code (IPC)

and SCs and STs (PoA) Act, 1989 (as amended) be registered against the EO within 24 hours.

(ii) Action may be taken against erring police officers under Section 4 of the SCs and STs (PoA) Act, 1989 (as amended).

(iii) The Petitioner has been issued a notice under the Section 172 of Punjab Municipal Corporation Act, which appears to be factually incorrect therefore, this may be withdrawn after following due procedure as per rules.

(iv) The Secretary, Local Bodies, Govt. of Punjab may get a thorough and Independent investigation in the matter by some senior officers of the Department.”

2. What emerges from perusal of the record available before this Court is that, before the above directions could be given effect to, this Court stayed the operation thereof by drawing the interim order dated

16.01.2023.

3. Before proceeding to gauge the validity of the impugned directions, it is deemed imperative to initially make a concise and compendious survey of the facts qua which there is no wrangle amongst the contesting litigants. FACTUAL MATRIX

4. While the petitioner was posted as the Executive Officer, Municipal Council, Barnala, one Surjit Singh addressed him a complaint dated 09.09.2022. This complaint carried allegations regarding illegal construction by the respondent No.8. The petitioner examined the complaint and thereupon issued a notice under Section 172 of the Punjab Municipal Act, 1911, to the respondent No.8. Through this notice, it was specifically conveyed to the respondent No.8 that, since he has constructed an illegal steel structure/over hanging steel construction, which is a non compoundable violation, hence the same be removed within three days. This caused grievance to the respondent No.8 and resultantly, he along with three other persons visited the office of the petitioner on 26.10.2022. Not only they harassed and intimidated the petitioner with unparliamentary language but also obstructed him in carrying out his official duty. This incident impelled the petitioner to, on the same day, make a complaint to the Deputy Superintendent of Police, P.S. City Barnala, whereupon, FIR No.473 dated 26.10.2022 was registered under Sections 353, 186, 341, 323, 506, 34 of the IPC, at P.S.

City Barnala.

5. The respondent No.8 also, through email dated 27.10.2022, filed a complaint before the National Commission, whereupon, notice was issued to the respondents No.3 to 7. Pursuant to the issuance of this notice, a status report was filed by the Senior Superintendent of Police, Barnala, before the Director, National Commission. It was specifically voiced in this status report that, no merit has been found in the allegations levelled by the respondent No.8.

6. The matter was heard by the National Commission on 01.12.2022 and finally the impugned directions were issued on 11.01.2023. One of the impugned directions appertain to registration of FIR against the petitioner.

SUBMISSIONS OF THE LEARNED COUNSEL FOR THE PETITIONER

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