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40. The position is, however, different in regard to the transaction of the Business of the Government in the given Department by the given authorities thereof.

41. If the statute provides that a certain order within the Department shall be passed by a named functionary, the Governor in exercise of powers under clause (3) of Art. 166 of the Constitution cannot designate some other functionary to exercise that power. It would however, be a different matter, where the statute vests the exercise of the power in the Government and not in a given Government functionary. The Government being a juristic person, so some natural person has to act for the Government. The Governor in the exercise of the power under Art. 166, clause (3) of the Constituted can pinpoint the Authorities, who could exercise the power on behalf of the Government and the exercise of power by such functionaries would amount to the exercise of such functions by the Government and such exercise of power in fact by the Special Secretary in Raipur Transport Company's case (AIR 1969 Madh Pra 150)(supra) had been so upheld.