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Showing contexts for: function of functionary in Dukhuram Gupta vs Co-Operative Agricultural ... on 9 December, 1959Matching Fragments
The Managing Committee, of course, could not delegate its function and duty of deciding upon the action to be taken against the petitioner. But it could delegate its administrative power of holding an enquiry to a responsible and competent official to enquire and report. It has been pointed out in Pradyat Kumar v. Chief Justice of Calcutta, (S) AIR 1956 SC 285, that a functionary, who has to decide on a matter such as the dismissal of a member of the staff, can obtain the material on which he has to act in such manner as may be feasible and convenient, provided only the affected party has a fair opportunity to correct or contradict any relevant and prejudicial material; that the functionary cannot be said to have delegated his function merely by deputing a responsible or competent official to enquire and report, and that what cannot be delegated except where the law specifically so provides is the ultimate responsibility for the exercise of such power. Here, the ultimate decision of dismissing the petitioner was of the Managing Committee and not of the Secretary.