respect
of acts/conduct in the discharge of public functions of the
concerned functionary or public servant, as may be. The
prosecution under Section ... State as the same relate to
the discharge of public functions by such functionaries. The
State, therefore, would be rightly interested in pursuing the
prosecution
conduct of the public
servant/ public functionary in discharge of his/her public functions and the
public functions stand on a different footing than ... such
defamation have no nexus with the discharge of official function of public
functionaries of the state, complaint cannot be made by the Public Prosecutor
under:
"When a statutory functionary passes an
order, that too authorizing a person to carry out a
public function like investigation into an offence
The Authorized Officer,Indian Bank vs D. Visalakshi on 23 September, 2019
Equivalent citations: AIR
everything that is done in a
public way, by their public
functionaries. They are entitled to
know the particulars of every
public transaction ... disastrous for the effective functioning of
government. This is because it would make every governmental
functionary overcautious about taking the simplest of
decisions
functions or any of them in his discretion. The
State functions through its various organs
consisting of different personnels and authorities .
State functionaries have their ... procedure. The authorities
and police officers, who are entrusted different
obligations and functions under the Code of Criminal
Procedure , has to act as ordained
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
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 ... Prosecutor would be under less duty as a functionary of the State to discharge his functions as a Public Prosecutor in an equally just, fair
exercise of jurisdiction by the
Lokayukta and would seriously impede its functioning as an
independent authority. He contended that the conclusion of the
learned single ... investigation is necessarily after
the issuance of notice to the public functionaries. However, the Act
used the broader term 'inquiry' instead of investigation
administrative, that wherever a decision making function is entrusted to the subjective satisfaction of the statutory functionary, there is an implicit incumbency to apply
