sovereign functions are primarily inalienable function which the State could exercise. Welfare activity of the State cannot be said to be sovereign function. Absence ... 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
members, to the fundings, to the
appointment of various functionaries, to the controlling of the
functioning through those appointed members and also
through means
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
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
Governor thereby indicating that there is a distinction in these
high functionaries, their powers and duties.
9. Despite the separate use of two epithets ... Competent Authority discharging the same
functions as that of the Governor. Logically, therefore, the
aforesaid two functionaries cannot be seen merely
prescribed period, same would ordinarily be
mandatory but in case of Public Functionary, it would be directory unless
the consequences are provided therein, in these ... 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
sued by its name.
A Wakaf Committee functions through its
Chairman or Vice Chairman when the former is not
present, and in case of absence ... Committee chosen from amongst themselves.
These functionaries do not have any independent
existence as such and they function only during the
existence of the Tehsil
allegations against public
functionaries would be undertaken, and on the other hand it
safeguards the dignity and prestige of the public functionary from
public gaze ... grievances against the corruption of public functionaries and seek
his remedy.
FACTS
6. The
appointment and functions in State of Gujarat are governed
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
taken by any other constitutional functionary. This is so,
because in day-to-day functioning of the Government and in
day-to-day life
