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GOVERNMENT OF INDIA
MINISTRY OF SOCIAL JUSTICE AND EMPOWERMENT
LOK SABHA
UNSTARRED QUESTION NO: 2852
ANSWERED ON:  13.03.2018
Recommendation of NCSC
UDIT RAJ
Will the Minister of



SOCIAL JUSTICE AND EMPOWERMENT be pleased to state:-


(a) whether it is a fact that petitioners have complained to National Commission for Scheduled Castes (NCSC) regarding neglect of its recommendations issued to Department of Telecom (DoT) and Mahanagar Telephone Nigam Limited (MTNL) to implement the DoP&T guidelines issued pursuant to 85th Constitution Amendment Act, 2001;

(b) if so, the reaction of the Government thereto;

(c) the details of recommendations issued by NCSC to different Ministries/ Departments of Union and State Governments and complaints regarding defying/neglecting of the same received from petitioners during the last three years and the current year, year-wise;

(d) whether the Government plans to empower the NCSC by amending Article 338 of Constitution to initiate action against the errant officials for defying Government orders issued in the interest of Scheduled Castes; and

(e) if so, the details thereof and if not, the reasons therefor?


ANSWER
MINISTER OF STATE FOR SOCIAL JUSTICE AND EMPOWERMENT
(SHRI VIJAY SAMPLA)
(a): Yes, Madam. The National Commission for Scheduled Castes (NCSC) had received representation from some Scheduled Caste officers working in the MTNL under the Department of Telecommunication (DoT) regarding wrong fixation of seniority and non implementation of 82th Amendment Act, 2001. The Commission heard both MTNL and the Department of Telecommunication in the matter. NCSC in its final hearing dated 12.10.2015 advised Department of Telecommunications to re-examine the matter in terms of DoPT guidelines and submit an Action Taken Report to it within a period of 30 days.
(b): Department of Telecommunications has re-examined the matter and decided on the correct seniority to be assigned to the petitioners of MTNL as per their letter dated 16.2.2017(Annexure-I)
(c): The recommendations made by the NCSC to different Ministries/Departments of the State and Central Governments are not binding in nature.
(d): No Madam.
(e): The Department of legal Affairs has opined that “ The Chairperson, Vice-Chairperson and other Members of the NCSC are not qualified members of judiciary, certainly they will be unable to apply the legal jurisprudence while performing the functions as judges, nor they are required to be eligible as a judge of High Court. Adequate safeguards for all the Scheduled Castes is available under the SC/ST (Prevention of Atrocities) Act, 1989, so there is no need of amending the present Constitution for the purpose of providing full power of High Court to the Commission.”
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