Baban Chaubey And Ors. vs State Of Bihar And Ors. on 17 February, 1989
Author
provision of the Act.
The Central Government is a statutory functionary. Its functions are
circumscribed by Section 70 of the Act only
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 ... Courts, as indicated
hereinbefore, ordinarily is reluctant to assume the functions of the
statutory functionaries. It allows them to perform their duties at the
first
noticed hereinbefore, depicts as to how
sometimes the public functionaries of the Government function. R. Sundar
Raju, according to the Appellant, is said to have
correct. When a statutory functionary passes an order, that too authorizing a
person to carry out a public function like investigation into an offence
shall assume
the role of the Executive Government of
the State. Statutory functions are
assigned to the State by the Legislature ... Courts, as indicated hereinbefore,
ordinarily is reluctant to assume the
functions of the statutory
functionaries. It allows them to
perform their duties at the first
Rajan and others [(2003) 7
SCC 546] holding :
"...Statutory functions are assigned to
the State by the Legislature and not by
the Court ... Courts, as
indicated hereinbefore, ordinarily is
reluctant to assume the functions of the
statutory functionaries. It allows them
to perform their duties at the first
cancel the bid.
The Executive Committee is a statutory functionary. The powers and
functions of the authority and the respective committees concededly are
governed
Government of India. The functions
performed by it are public functions. The notification never contemplated
that a public functionary, having regard to the importance ... prescribed. It is trite that when a public functionary is required to discharge
its public functions within a time specified therefor, the same would
shall assume the role of the Executive
Government of the State. Statutory functions are assigned to the State by
the Legislature ... courts,
as indicated hereinbefore, ordinarily is reluctant to assume the functions
of the statutory functionaries. It allows them to perform their duties at
the first