The Karnataka High Court has held that the Karnataka State Commission for Scheduled Castes and Scheduled Tribes does not have adjudicatory jurisdiction to set aside, annul or direct the revocation of an order passed by another authority or body.
Justice K.S. Hemalekha observed that the Commission is primarily an investigative, advisory and recommendatory body under Sections 8 and 10 of the Karnataka State Commission for the Scheduled Castes and the Scheduled Tribes Act, 2002. Although it can inquire into complaints concerning the deprivation of rights and safeguards available to members of the Scheduled Castes and Scheduled Tribes, it cannot assume the role of an adjudicatory authority and issue binding directions reversing decisions taken by other bodies.
The case arose after the Bangalore City Institute suspended a member for three months, from September 21 to December 21, 2023, following complaints of misconduct, violation of rules governing its Cards Section and use of abusive language against fellow members. The suspended member approached the Commission, which directed the Institute to revoke the suspension and permit him to use the club and its facilities.
The Institute challenged the Commission’s communication before the High Court, contending that the direction exceeded the Commission’s statutory powers.
The Court held that Section 8(b) of the Act empowers the Commission to inquire into complaints and take up such matters with the appropriate authorities, but does not authorise it to adjudicate the legality of an order or command its revocation. The civil court powers conferred under Section 10 are limited to investigation and cannot be equated with the jurisdiction to adjudicate rights or set aside orders.
Since the suspension had already expired on December 21, 2023, the Court disposed of the writ petition without passing any further order on the impugned communication. However, it clarified that the Commission’s direction requiring the Institute to revoke the suspension was beyond the powers conferred upon it under the Act.
