Facts
Respondent No. 2, a borrower who defaulted on a loan from the Petitioner (State Bank of India), filed a complaint before the National Commission for Scheduled Castes (NCSC) assailing recovery actions taken by the Bank
Source reference: p. 2, para. 1-2On 23.03.2022, the NCSC issued an order directing the registration of an FIR against the recovery agent, an investigation by the Director General of Police, Odisha, and a mandated amicable settlement of the dispute upon payment of Rs. 5,00,000 by the borrower
Source reference: p. 2, para. 2-3The Petitioner challenged this order before the Delhi High Court, contending that the NCSC lacked the jurisdiction to adjudicate commercial aspects of a loan dispute and had transgressed its constitutional powers
Source reference: p. 3, para. 4Issues
1. Whether the NCSC has the jurisdiction to adjudicate and direct the settlement of disputes that are purely commercial in nature
Source reference: p. 4, para. 8-92. Whether the NCSC exceeded its powers under Article 338 of the Constitution of India by directing the registration of an FIR and mandating a specific settlement amount
Source reference: p. 4, para. 8Law Applied
Article 338 of the Constitution of India, which defines the powers and functions of the NCSC
Source reference: p. 3, para. 4Rules of Procedures of the National Commission for Scheduled Castes, 2009, specifically Rule 7.2(a)(vii), which empowers the Commission to act when the property or rights of Scheduled Castes are under "immediate threat"
Source reference: p. 3, para. 5Rule 7.4.1(f), which bars the Commission from taking up cases pending in courts
Source reference: p. 4, para. 6Judicial precedents including State of Uttar Pradesh v. Jasvir Singh and National Seed Corporation Ltd. v. National Commission of ST and SC, which establish that the NCSC cannot adjudicate commercial matters or function as a substitute for civil courts
Source reference: p. 3, para. 4Reasoning
The court found that the impugned order failed to demonstrate how the directions were in furtherance of the NCSC's constitutional mandate under Article 338
Source reference: p. 4, para. 8The court noted that the NCSC essentially attempted to resolve a "simpliciter" commercial transaction without any specific finding that the borrower was being harassed or denied benefits specifically on account of her caste
Source reference: p. 4, para. 8-9While Respondent No. 1 argued that Rule 7.2(a)(vii) allowed for intervention in property matters, the court reasoned that such power is only triggered if there is an element of caste-based deprivation of rights
Source reference: p. 5, para. 9Since the NCSC’s order focused purely on the recovery and settlement of a commercial loan without establishing a link to caste-based discrimination, the court determined the Commission had acted without jurisdiction
Source reference: p. 4, para. 9Holding
The court held that the NCSC does not have the jurisdiction to adjudicate commercial disputes unless there is a clear element of harassment or deprivation of rights based on caste
The impugned order dated 23.03.2022 was set aside, and the matter was restored to the NCSC to re-evaluate the complaint. The NCSC was directed to reconsider the matter only in view of whether the dispute involved caste-based issues, while the personal appearance of the Bank’s higher officers was exempted in favor of an authorized representative
Source reference: p. 5, para. 10-11Original Court PDF
State Bank Of IndiavsThe National Commission For Scheduled Castes Anr
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