Chaitnya Charan Das vs State Of West Bengal And Others on 16 May, 1995
Equivalent
subordinate Court functioning effectively in which the Presiding Officer alone is under the Control of the High Court while all other functionaries and the administrative ... effective control and power over its functionaries, no Court can effectively discharge the functions enjoined upon it by law,
13. The analogy of Article
Birla Cotton Spinning & Weaving Mills ... vs Union Of India And Ors. on 29 August
respondent; the AGI is a
constitutional functionary and is also obliged to discharge the
functions under the Constitution as well as under any other ... less authoritative than other
constitutional functionaries. There are various bodies, which
are entrusted with ‗staff functions' (i.e. which are advisory in
nature
specified in the case in hand. The public functionary when performs a public function within a time framed the same would be directory (See Balwant
make any enquiry thereunder, Doubtless, administrative and iudicial functions have been combined in these functionaries. But it has been clearly indicated by this Court
administrative, that whenever a decision-making function is entrusted to the subjective satisfaction of a statutory functionary, there is an implicit obligation to apply
administration is a function which the., High courts must exercise in the interest of administration of justice. It is a function which is essential ... personnel, as well as other functionaries and the ministerial staff, so much so that any neglect in this essential function would bring the whole judicial
confer a power on the statutory
functionary to enter into contracts in exercise of its duties and
functions. The dispute may arise ... Merely because one of the parties to the
agreement is a statutory functionary, will not restrict
invocation of a remedy of this Court, since every
subordinate staff attached to a Court is necessary for the effective functioning of the sea court an. the vesting of the control over ... extinction between the Presiding Officer and the functionaries attached to him.
One cannot imagine a subordinate Court functioning effectively in which the presiding officer alone