Chhattisgarh HC Quashes NCSC Notice On Caste-Bias Complaint After Withdrawal, Citing Supreme Court’s Final Decision On Employees’ Service Dispute

Respondent No. 2 complained to the National Commission for Scheduled Castes (“Commission”) that recruitment against Scheduled Caste-reserved posts and the denial of regularisation and promotion to three employees were caste-based.

The Corporation challenged the Commission’s resulting proceedings, contending that the employment dispute had already been litigated: the Single Judge dismissed WPS No. 5549/2014, the Division Bench directed reinstatement in W.A. No. 433/2016 and connected appeals, and the Supreme Court affirmed the decision, modifying the back-wages award to 25%.

During this petition, counsel for respondent No. 2 informed the Court that she had applied to withdraw the complaint and did not intend to pursue it.

The Court considered the Commission’s jurisdiction under Article 338 of the Constitution of India.

It held, in the circumstances of this case, that the Commission could not reopen or adjudicate afresh the issues that had already travelled to the Supreme Court and attained finality.

No statute or judicial precedent beyond Article 338 and the prior proceedings described in the judgment was relied upon.

The Court treated the employment issues raised in the complaint as having already been finally addressed through the earlier litigation, including proceedings before the Supreme Court.

It therefore concluded that the Commission’s notice, issued on the basis of the complaint, could not sustain a fresh adjudication of those issues.

The Court also considered respondent No. 2’s stated intention to withdraw and not pursue the complaint; in light of that development, it found that continuing the proceedings would serve no useful purpose.

It quashed the impugned notice and allowed and disposed of the writ petition.