"The learned Advocate General, Odisha, has accordingly been requested in the matter," Home Secretary U N Behera told the NCSC in a letter.
Chief Secretary B K Patnaik who was summoned by the commission, could not appear at Delhi on October 15 due to his personal work in Mumbai.
"The Chief Secretary will appear before the commission at any next date," Behera said.
With the state government refusing to bail out him in the legal battle, Rout, the Health and Family Welfare minister seems to be in deep trouble over his alleged casteist remark against dalits.
Annoyed over Rout's utterance, Tarai, Das and some dalit organisations lodged FIRs against Rout under Scheduled Caste and Scheduled Tribe (prevention of atrocity) Act, 1989. They also moved the NCSC seeking justice.
Rout, who had earlier apologised said "I will not like to comment on the matter now as it is subjudice. I have faith in the judiciary."
The minister has filed a petition before the high court pleading for quashing of FIRs against him.