authority' means an officer or authority or functionary exercising powers or
discharging functions as such under the Specified Act".
Normally the source ... authority' means an officer or authority or functionary exercising
powers or discharging functions as such under a specified act.",
16. It was contended
appeal, by the Deputy
Commissioner, who, are ine two statutory functionaries,
who function as statutory functionaries under the
provisions-of the Act.
6... Therefore such ... pooh
the Jimits of the jurisc
PS
administrative/quasi judicial, functioning of statutory
functionaries.
L?. Judicial review of such quash judicial functioning: or®
otherwise
under:
"When a statutory functionary passes an
order, that too authorizing a person to carry out a
public function like investigation into an offence
impersonal in character having three
independent functionaries as its branches. It performs regal and
sovereign functions, which are not alienable to any other person
village
headman (Lambardar). It is always obviously convenient for the State
functionaries to deal with the village communities through Lambardar, who
status-wise is village ... that the village communities/landowners/tenants
and other residents, function and deal with the State functionaries through
Lambardar in every walks of life. The Lambardars
Constitution of India and is Constitutional functionary. Under Article 320 of the Constitution the functions of Public Service Commissions have been enumerated which inter alia
such appointment, they become the Constitutional Functionaries. Article 320 relates to the functions of Public Service Commission among other things and one of the duties ... functions of appointing authority to verify the community certificates produced at the time of seeking for appointments, the TNPSC being a constitutional functionary, to ensure
with which the authorities are expected to function whatever may be the status of such Constitutional functionary came to be explained by the Supreme Court ... under law and the Constitution. All the constitutional functionaries must, therefore, function within the constitutional limits.
...
20. Factual matrix, as indicated hereinbefore, clearly goes
Court held in para-11 that no judicial tribunal can delegate its functions unless it is enabled to do so expressly or by necessary implications ... precedes the exercise thereof. A statutory functionary exercising such a power cannot be said to have delegated his functions merely by deputing a responsible
administrative, that whenever a decision-making function is entrusted to the subjective satisfaction of a statutory functionary, there is an implicit obligation to apply
