No penalty without stating allegations: Delhi HC to SC/ST panel

The Delhi high court in its order has held that the National Commission for Scheduled Castes cannot entertain a complaint against disciplinary action taken by an employer against an employee belonging to the Scheduled Caste in the absence of any allegations against the former for violation of orders related to reservation policy.

Hearing a case between SBI and the commission for seeking reconsideration of penalty imposed on an employee, the court observed that “the complaint should clearly state the violation of reservation policy or orders laid by the Government of India”.

The matter was pertaining to a bank official of SBI who was penalised in 2013 for disciplinary action. The official had been chargesheeted after which the branch claims that the employee had been on medical leave despite the medical board certifying him fit. The employee had later approached the commission seeking action against officials who claimed that the employee had been absent since August 2014.

The court also stated that no action will be taken in matters which have been disposed off or the administrative transfers/ relocating/ posting has been ordered, it clearly says that the applicant will have to show complaints of caste based harassments.

The court observed: “No doubt, the aforesaid is a recommendation/ observation of the commission to the respondents. Being a recommendation/observation, it is not a mandatory direction... It is only, when such allegations are made, does the commission get the jurisdiction to initiate the process.”