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10. In State, Inspector of Police,
Vishakhapatnam v. Surya Sankaram Karri,
(2006) 7 SCC 172 : (AIR 2007 SC (Supp) 1860),
a two-Judge Bench of this Court had taken a
contrary view without taking note of the earlier
two-Judge Bench judgment in Kalpnath Rai
(supra) and held as under:
"When a statutory functionary passes an
order, that too authorizing a person to
carry out a public function like investigation
into an offence, an order in writing was
required to be passed. A statutory
functionary must act in a manner laid down
in the statute. Issuance of an oral direction
is not contemplated under the Act. Such a
concept is unknown in administrative law.
The statutory functionaries are enjoyed
with a duty to pass written orders.