Clause (8) of Article 338A provides that the Commission shall, while investigating any matter referred to in sub-clause (a) or inquiring into any complaint referred to in sub-clause (b) of Clause (5) have all the powers of a civil court trying a suit and in particular in respect of the matters, namely:-(a) summoning and enforcing the attendance of any person from any part of India and examining him on oath; (b) requiring the discovery and production of any documents; (c) receiving evidence on affidavits; (d) requisitioning any public record or copy thereof from any court or office; (e) issuing commissions for the examination of witnesses and documents; (f) any other matter which the President may by rule, determine.
The Indian Overseas Bank Officers Association and Others in C.W.P. No. 1362 of 1993 and C.M. No.2193/93 challenged an order in the form of a letter dated 4 March, 1993 issued by a Member of the erstwhile National Commission for Scheduled Castes and Scheduled Tribes by which the Indian Overseas Bank was directed "to stop the promotion process pending further investigation and final verdict in the matter". The Hon'ble High Court of Delhi vide their judgment dated 17 May, 1993 in this case allowed the petition and set aside the order dated 4 March, 1993 issued by the Member of the erstwhile NCSCST. The judgment of Hon'ble High Court of Delhi was challenged by All India Indian Overseas Bank SC & ST Employees' Welfare Association and Others in the Hon'ble Supreme Court of India. The Hon'ble Supreme Court vide their judgment dated 31 October, 1996 in Civil Appeal No.13700 of 1996 dismissed the appeal and held that the Hon'ble High Court of Delhi was justified in taking the view it did. The Hon'ble Supreme Court further held that all the procedural powers of a civil court given to the National Commission for Scheduled Castes and Scheduled Tribes by Article 338 (8) of the Constitution of India are for the limited purpose of investigating any matter under Article 338 (5) (a) or enquiring into any complaint under Article 338 (5) (b). The apex Court further held that the powers of a civil court of granting injunctions, temporary or permanent, do not inherit in the Commission nor can such a power be inferred or derived from a reading of Clause (8) (c) of Article 338 of the Constitution. The Commission having not been specifically granted any power to issue interim injunctions lacks the authority to issue an order of the type found in the letter dated 4 March, 1993 directing the Indian Overseas Bank to stop the promotion process pending further investigation and final verdict in the matter. The Hon'ble Supreme Court had further held that the Commission has the power to summon and enforce the attendance of any person from any part of India and examine him on oath; it can require the discovery and production of documents, so on and so forth. It was stated that all these powers are essential to facilitate an investigation or an enquiry. Such powers do not convert the Commission into a civil court. These observations of the Hon'ble Supreme Court were brought to the notice of all the Ministries and Departments of Govt. of India by the Department of Personnel & Training vide their O.M.No.36036/2/97- Estt. (Res.) dated 1 January, 1998 for their information and guidance.
