New Delhi: The Delhi High Court on Monday sought the response of the National Commission for Scheduled Tribes (NCST) on a petition filed by Indian Railway Finance Corporation (IRFCL), challenging summons issued against it by NCST over service conditions of a staffer.
Issuing notice in the matter, Justice V. Kameswar Rao listed the matter for further hearing on May 7.
The commission had issued two summons to the Chairman cum Managing Director (CMD) of IRFCL over an employee matter.
During the course of the hearing, Advocate Pardeep Dahiya, appearing for IRFCL, argued that the summons issued is ex-facie “illegal, arbitrary, capricious, and without jurisdiction in violation of orders of the Supreme Court”.
The Railway body submitted that the commission has the power to enquire into a specific complaint and make its reports thereon but its reports are recommendatory in nature and as such the power vested with the commission of inquiry and submission of the report cannot be extended to adjudication of disputes between an individual and a corporation or statutory authority.
“Article 338 does not entrust the commission with the powers to take up the role of a Court or an adjudicatory tribunal and to determine the rights inter-se the parties,” it said.
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