quality and character of
power that is exercised by a high constitutional functionary. To
capture this, it is essential to notice the distinction between ... function of determining
whether the act of a constitutional or statutory
functionary falls within the constitutional or legislative
conferment of power, or is vitiated
same authority or reversed or overturned or overruled by higher functionary/authority in the Government."
16. The scope and ambit of notings recorded ... must always be remembered that in a democratic polity like ours, the functions of the Government are carried out by different individuals at different levels
mere coordinate constitutional status, or even the status of an exalted constitutional functionaries, does not disentitle this Court from exercising its jurisdiction of judicial review ... usurped by the judicature;
(e) Having regard to the importance of the functions discharged by the legislature under the Constitution and the majesty and grandeur
done under a statute. The Director of Education who is a public functionary has given his approval to the decision of the Disputes Settlement Committee ... approval to the decision the Director of Education is discharging a governmental function as an authority constituted for the said purpose by the government
confidentiality of sensitive information with the right of citizens to know the functioning of the governmental process in such a way as to preserve ... everything, that is done in a public way, by their public functionaries. They are entitled to know the particulars of every public transaction
beyond comprehension as to how the responsible authorities discharging statutory functions under the Act were very much indifferent in making due enquiries to ascertain about ... erstwhile owner. Such contentions coming from responsible statutory functionaries cannot be either justified or sustained in a Court of Law. The authorities, in my view
S.Kasiramalingam vs The Chief Secretary on 28 September, 2012
Bench: K.N.Basha , N
mere coordinate constitutional status, or even the status of an exalted constitutional functionaries, does not disentitle this Court from exercising its jurisdiction of judicial review ... usurped by the judicature;
(e) Having regard to the importance of the functions discharged by the legislature under the Constitution and the majesty and grandeur
must always be subordinate to their duty of service'. A public functionary if he acts maliciously or oppressively and the exercise of power results ... citizen instead of complaining and fighting succumbs to the pressure of undesirable functioning in offices instead of standing against it. Therefore the award of compensation
The Oriental Insurance Company Limited vs R.Mahalingam R1 In Cma.2552/03 & on
