statement of defence.
44. It is trite that when public functionaries exercises quasi-judicial functions or act as such, the discretion exercised must culminate into
orders.
48. It is trite that public functionaries when exercise their discretion, discharge administrative or quasi-judicial functions in the matter of discretion, would have ... other than one's own judgment. But, when applied to public functionaries, it means a power or right conferred upon them
with respect to the Case on hand and the Commission has to function within the limits and conditions imposed and act according to the said ... settled law that the Regulatory Commission, a quasi-judicial functionary while exercising such quasi-judicial function should assign reasons in support of its conclusion even
functions and duties of the first Respondent. Such functions are quasi-judicial in nature and as Original Authority it is the statutory function, which ... proceedings. Being a quasi-judicial functionary, the first Respondent has to exercise statutory powers and discharge its functions in the light of its own independent
authority of any other functionary? If these questions had been raised by the Commission to itself at the threshold, the functions of the Commission would
telephone was not functional/dead since February 2001 as he was unwilling to pay bribe to the lower-functionaries of the respondent/opposite party-Bharat
Siel Limited vs The Punjab State Electricity ... on 26 May, 2006
Equivalent citations: 2006ELR(APTEL
power must always be subordinate to
their duty of service. A public functionary if he acts maliciously or
oppressively and the exercise of power results ... citizen instead of
complaining and fighting succumbs to the pressure of undesirable functioning in
offices instead of standing against it.
The
Court also observed that
additional 3 Generators are brought into the EOU area and made functional. There was also an endorsement in that letter by the Jurisdictional Superintendent directing ... attributable to the party, and depends on the acts of public functionaries, that would not disentitle a party to the benefit of a notification. Actually
public authorities are under an obligation to publish the way they function. It is more so in case of a public body providing direct services ... everything, that is done in a public way, by their public functionaries. They are entitled to know the particulars of every public transaction
