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Showing contexts for: function of functionary in S. Prasad Reddy And Ors. vs Collector And District Magistrate And ... on 24 November, 2004Matching Fragments
The Full Bench referred to the decision of the Supreme Court reported in Smt. Shalini Soni v. Union of India , wherein the Supreme Court held thus :
"It is an unwritten rule of the law, constitutional and administrative, that whenever a decision-making function is entrusted to the subjective satisfaction of a statutory functionary, there is an implicit obligation to apply his mind to pertinent and proximate matters only, eschewing the irrelevant and the remote."
A reference was also made to the decision of the Supreme Court reported in Jagan Nath Biswas v. State of West Bengal , wherein the detention Order was challenged on the ground of staleness. Three incidents were referred to while issuing detention order namely November, 1971, December, 1971, August 1972 in the Order of detention dated: 27-2-1973. Referring to staleness, the Supreme Court observed thus: