Constitution of India, the authority must exercise a sovereign function and thus, the appellant not being a State within the meaning of Article ... writ may lie against a public functionary in relation to a discharge of public of public function but not when the relief sought
Allegation" in relation to a public
functionary means by affirmation that such
public functionary in capacity as such--
(i) has failed ... other
person:
(iii) was actuated in the discharge of his
functions as such public functionary by
improper or corrupt motives or personal
interest:
(iv) Allegation
post, cannot be accepted. By reason of mere upgradation, the statutory
functions assigned to an officer is not taken away and in any event ... officer at present
executing the functions, or that of the officer by
whom the functions are commonly executed.
(2) This section applies also
ruling party in the Government. Even in
the case of highest functionary int he Government like
the Governors, the Ministers, the Attorney General ... constant fear
of removal and as such do not discharge their functions
in a proper manner during the period they remain in the
office
regards the question of exercise of discretion by a high functionary, the, court noticed :
'105. It will, however, not be correct to urge that ... Central Government, in my opinion cannot be stultified from exercising its functions.'
106. In re : The Special Courts Bill
agencies, i.e., the CBI, Enforcement Directorate, etc.
(c) Organizational Structure/Power/Functions/Duties etc. of the proposed Agency/Directorate; and
(d) Coordination and cooperation ... better coordination and not separation is required between the prosecution and investigation functions.
10. However, as noticed hereinbefore, a post of Director of Prosecution
regards the question of exercise of discretion by a high functionary, the court noticed :
"105. It will, however, not be correct to urge that ... Central Government, in my opinion cannot be stultified for exercising its functions.
106. In re: The Special Courts Bill, 1978, the Supreme Court while considering
Bhavnagar University vs Palitana Sugar Mill Pvt. Ltd. & Ors on 3 December, 2002
Equivalent
University Of Delhi And Anr. vs Shri Karan Ahuja And Ors. on 16 January, 2002
B.S. Sehgal And Ors. vs Reserve Bank Of India And Ors. on 24 September
