Managing Director, U.P. Co-operative Bank Ltd. and Another vs Chairman, U.P. State Minorities Commission and Others

M. Katju, J.—The Petitioner has challenged the impugned order dated 8.5.2003 (Annexure-17 to the petition) and the summons dated 4.6.2003 (Annexure-18 to the petition).

Heard learned Counsel for the parties.

By the order dated 8.5.2003 the Chairman, U.P. State Minorities Commission has directed the U.P. Co-operative Bank, Bareilly to close the disputed account.

Learned Counsel for the U.P. Minorities Commission Sri G. K. Singh stated that the impugned order has been withdrawn. Hence this petition has become infructuous. However, we wish to clarify that the U.P. Minorities Commission, Backward Caste Commission and Scheduled Castes Commission are only recommendatory bodies and they can only make recommendations to the Government.

Unfortunately we find that these bodies are often going beyond their jurisdiction by passing orders staying termination of service of some Government employees passing injunction orders, or closing the accounts etc. which is not within their jurisdiction at all. These Commissions should act within their jurisdiction and not do as they please.

In All India Indian Overseas Bank SC and ST Employees'' Welfare Association and Others Vs. Union of India (UOI) and Others, , the Supreme Court observed that the Scheduled Caste Commission has no power of granting injunctions, whether temporary or permanent. The powers of the Minorities Commission are mentioned in Section 9 of the U.P. Commission for Minorities Act, 1994. Section 9 (c) speaks of the power to make recommendations for the effective implementation of safeguards for the protection of the interest of the minorities by the Government.

There is no clause in Section 9 which permits the Minorities Commission to pass an order of the kind which has been passed in this case. We, therefore, direct the Minorities Commission, Scheduled Caste Commission and Backward Caste Commission that they must confine themselves to their jurisdiction and not pass orders beyond their jurisdiction.

Let the Registrar General of this Court send a copy of this order to the U.P. Minorities Commission, U.P. Backward Caste Commission and U.P. Scheduled Caste and Scheduled Tribes Commission forthwith.

Petition disposed of.