The Bombay High Court docket has said that Nationwide Commission for Scheduled Castes can’t interfere in employer action in opposition to employee.
The court docket modified into hearing a petition filed by the Union of India although the secretary, Ministry of Defence.
The Bombay High Court docket has dominated that the Nationwide Commission for Scheduled Castes does now not absorb the jurisdiction to interfere with a decision taken by an employer in opposition to its employee.
This modified into acknowledged by the bench of Justices RD Dhanuka and Kamal Khata in its explain while hearing a petition filed by the Union of India thru the secretary, Ministry of Defence (MoD). The union modified into tough a March 2022 explain of the commission directing the ministry to re-investigate the disciplinary action initiated in opposition to Nashik resident Chandraprabha Kedare who labored as a workers nurse at Cantonment Board Properly being facility, Deolali.
The union petition had sought a declaration that the explain handed by the commission in March 2022 is null and void and can’t be acted upon.
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The bench, while quashing the commission’s explain, noticed that it had acted completely without jurisdiction. The bench added, “In our opinion, the commission has no such jurisdiction to interfere with the decision already taken by the employer in opposition to Kedare after the next project. The commission can’t act as an appellate authority in opposition to an explain handed by an employer taking disciplinary action in opposition to an employee.
An employer has the vitality to appreciate shut disciplinary action in opposition to its employee and when such action has been upheld in all honest correct complaints, then the employee can’t file an utility forward of the Commission, the explain added.
The bench quashed and field aside the commission’s explain and brushed off the grievance filed by Kedare forward of the Commission.
Kedare had been compulsorily retired after a departmental inquiry. She alleged that this modified into finished without following due project and had approached the commission. In its March 2022 explain, the Commission illustrious that injustice modified into meted out in opposition to Kedare, who belongs to the Scheduled Caste, and that the punishment of compulsory retirement modified into draconian in nature. The Commission thus requested the MoD to re-investigate the matter.
Nonetheless, the MoD challenged the explain of the commission by citing that it does now not absorb the jurisdiction to interfere with the disciplinary action taken in opposition to Kedare.
The court docket in its explain illustrious that Kedare had exhausted all honest correct treatments available to her in opposition to her compulsory retirement explain and when she will be able to also now not succeed, she had filed an utility forward of the Commission.
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