Facts
The petitioner challenged a notice dated 2 September 2021 issued by the Chhattisgarh Rajya Anusuchit Janjati Aayog (“Commission”) on a complaint filed by Respondent No. 5.
Source reference: para. 1; para. 3The notice directed the petitioner to submit a reply, appear before the Commission on 24 September 2021, and produce relevant documents.
Source reference: para. 1; para. 3The petitioner contended that the Commission lacked jurisdiction to issue such notice and was encroaching upon the powers of the police and judicial authorities.
Source reference: para. 3The State opposed the petition, submitting that the Commission was empowered under Section 10 of the Chhattisgarh Rajya Anusuchit Jati Tatha Anusuchit Janjati Aayog Adhiniyam, 1995, including to exercise civil-court powers, seek explanations, and call for documents.
Source reference: para. 4Issues
1. Whether the Commission had jurisdiction under Section 10 of the Chhattisgarh Rajya Anusuchit Jati Tatha Anusuchit Janjati Aayog Adhiniyam, 1995, to issue a notice requiring the petitioner to file a reply, appear, and produce relevant documents
Source reference: para. 3–62. Whether the impugned notice was without jurisdiction or constituted an impermissible encroachment upon the authority of the police or judicial system
Source reference: para. 3, 73. Whether the petitioner was entitled to quashing of the notice in writ jurisdiction under Articles 226 and 227 of the Constitution
Source reference: para. 1, 7–8Law Applied
Section 10 of the Chhattisgarh Rajya Anusuchit Jati Tatha Anusuchit Janjati Aayog Adhiniyam, 1995 confers powers of a civil court upon the Commission for the purposes of its inquiry, including the power to call for explanations, require the production of documents, and summon concerned parties.
Source reference: para. 4, 6A notice issued in the course of such an inquiry is procedural in nature and does not finally adjudicate or determine the rights of the parties.
Source reference: para. 6Writ interference is not warranted merely because a party apprehends that a statutory authority may exceed its jurisdiction; a demonstrable jurisdictional error or perversity must be shown.
Source reference: para. 7Reasoning
The Court examined the impugned notice and found that the Commission had only required the petitioner to submit his response, appear before it, and produce relevant documents pursuant to a complaint by Respondent No. 5.
Source reference: para. 5–6These directions fell within the Commission’s statutory civil-court powers under Section 10 and were merely steps in an inquiry; they did not amount to a final determination of the parties’ rights or an assumption of police or judicial functions.
Source reference: para. 6Since the petitioner failed to establish any jurisdictional error, perversity, or actual transgression of statutory limits, his apprehension that the Commission might exceed its jurisdiction was held to be premature.
Source reference: para. 7Holding
The Court held that the Commission acted within its jurisdiction in issuing the notice dated 2 September 2021.
The writ petition was dismissed as devoid of merit, and the petitioner was directed to participate in the proceedings and was given liberty to file a detailed reply with all relevant facts and documents before the Commission.
Source reference: para. 7–9No order as to costs was made.
Source reference: para. 10Acts & Sections Cited
1 provisions across 1 statute referred to in this judgment. Each provision opens on LawLens.
Chhattisgarh RAJYA PICHHADA VARG AYOG ADHINIYAM, 19951
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DEV PRASAD JAISWALvsSTATE OF CHHATTISGARH
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