role of a Public Prosecutor held
that, the Public Prosecutor is a functionary of the State appointed to
assist the Court in the conduct ... would
be under no less duty as a functionary of the State to discharge his
functions as a Public Prosecutor in an equally just, fair
Mangalagiri Textiles Mills Private ... vs The State Bank Of India on 18 February, 2022
1
principal officer are statutory functionaries under the Act. It is well settled that the statutory functionaries under any statute are amenable to the writ jurisdiction ... Chief Executive a statutory functionary under the Act and therefore, in the discharge of the statutory powers and functions, it cannot be disputed that
performing a given nature of governmental function. If the Legislature is to provide by law that a given function is to be part ... 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
would
ordinarily be mandatory but when a public functionary is required to
perform a public function within a time frame, the same will be held
come across any case so far where the functions required to be performed by statutory functionaries had been rendered redundant by a court by issuing ... court, as indicated hereinbefore, ordinarily is reluctant to assume the functions of the statutory functionaries. It allows them to perform their duties at the first
K.K. Birla vs The Press Council Of India And Ors. on 22 September, 1975
true that the no judicial Tribunal can delegate its functions unless it is enabled to do so expressly or by necessary implication. But the exercise ... well recognised that a statutory functionary exercising such a power cannot be said to have deleted his functions merely be deputing a responsible and competent
Court was dealing with a statutory order made by a statutory functionary who couid not, therefore, be allowed to supplement the grounds of his order ... explanations, the present is a case where neither a statutory function nor a statutory functionary is involved but the transaction bears commercial though public character
functions of a Governor under Article 160 of the Constitution cannot be said to be invalid because the person
asked to discharge the functions ... whose functions he discharges and for whom he acts. The functionary discharging the functions provided under Article 160 of the Constitution cannot be termed
