being done now
under the State Act through statutory functionaries. Thus
none of these functions could be construed to be sovereign
in nature or inalienable ... fact, all governmental functions cannot be
construed either primary or inalienable sovereign function.
Hence even if some of the functionaries under the State Act
could
have done it. Whenever a decision-making function is entrusted to the subjective satisfaction of a statutory functionary, there is an implicit obligation to apply
which the Board and the State
Government has to function. Admittedly both are statutory
functionaries under the Central Act. They have to perform
their obligations ... opening words of Section 78 A is,
in the discharge of its functions, the Board shall be
guided by such directions. So, the direction
court was dealing with a Statutory Order made by a statutory functionary who could 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 a commercial though public
administrative that whenever a decision making function is entrusted to the subjective satisfaction of the statutory functionary, there is an implicit obligation to apply
best and most suitable persons available for appointment, and all the constitutional functionaries must perform this duty collectively with a view primarily to reach ... Supreme Court of India and High Courts are constitutional functionaries and are discharging sovereign functions of administration of justice and none of them
arbitration. The contract was between the Board, which functions through its functionaries like Secretary, Additional Chief Engineer, Executive Engineer
that if there is any failure on the part of the present functionaries who currently occupy the offices of respondent ... take appropriate action against the delinquent officers and functionaries for the gross dereliction of duties and functions resulting in extraordinary harassment to the petitioner
Union of India, . The function of determining whether the act of a constitutional or statutory functionary falls within the constitutional or legislative conferment of power ... that this is a high constitutional power exercised by the highest constitutional functionary of the Nation, it may not be appropriate to adopt the tests
functionary and with reference to any action taken by him, means any affirmation that such public functionary in his capacity as a public functionary ... made against a public functionary which calls for action against such public functionary in his capacity as a public functionary, in case of allegations
