SC/ST Commission Has No Jurisdiction To Recommend SBI To Appoint Person On Compassionate Grounds: Karnataka High Court

Update: 2024-04-19 10:25 GMT
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The Karnataka High Court has held that Karnataka State Commission For Scheduled Caste And Scheduled Tribes cannot recommend the State Bank of India to provide employment to the respondent on compassionate grounds.A single judge bench of Justice Sachin Shankar Magadum allowed the petition filed by the State Bank of India and quashed the order of the Commission recommending the Bank to...

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The Karnataka High Court has held that Karnataka State Commission For Scheduled Caste And Scheduled Tribes cannot recommend the State Bank of India to provide employment to the respondent on compassionate grounds.

A single judge bench of Justice Sachin Shankar Magadum allowed the petition filed by the State Bank of India and quashed the order of the Commission recommending the Bank to provide employment to Chetana Sadashiva Kambale Sevanagara.

The bench noted that the Apex Court and this Court in catena of judgments have consistently held that the Commissions for Scheduled Castes and Scheduled Tribes have no jurisdiction to issue directions relating to service matters.

Following which it held “The impugned recommendation/direction issued by 1st respondent - Commission as per Annexure-A is found to be in contravention of the law laid down by the Apex Court and this Court in W.P.No.26690/2023.”

It added, “The impugned order being one without jurisdiction, is not sustainable and therefore, is liable to be set aside.”

Allowing the petition the court clarified that it is made clear that this order shall not come in the way of the 2nd respondent in making a proper requisition requesting employment on compassionate grounds.

Appearance: Advocate T.P Muthanna for Petitioner.

AGA V Shiva Reddy For R1.

Advocate S Rajashekar FOR R2.

Citation No: 2024 LiveLaw (Kar) 184

Case Title: State Bank of India AND Karnataka State Commission for Schedule Caste and Schedule Tribes & ANR

Case No: WRIT PETITION NO.10347 OF 2023

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