references to the payment of
pension in the Constitution for certain Constitutional functionaries
and not for others, in our opinion does not lead ... silence prohibits the payment of
pension to those constitutional functionaries. Each Constitutional
office holder functions in accordance with the powers and duties
entrusted
confer a power on the statutory
functionary to enter into contracts in exercise of its duties and
functions. The dispute may arise ... Merely because one of the parties to the
agreement is a statutory functionary, will not restrict
invocation of a remedy of this Court, since every
Junaid Amin Wani And Others vs State Of J&K; And Others on 16
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
must always be subordinate to their duty of service'. A public functionary if he acts maliciously or oppressively and the exercise of power results ... public functionaries has many dimensions. It has undergone tremendous change with passage of time and change in socioeconomic outlook. The authority empowered to function under
only in its policy-making but also in
carrying out the functions entrusted to it by
the law establishing it or by the charter ... administer the day-to-day function of the
Corporation. Not only the Commissioner of the
Corporation, some other functionaries of the
Corporation were also employees
functioning of the State, its sovereign powers as well. During the course of
hearing, a plea was raised by Mr. Ranjit Kumar that appointment ... staff
officers' is usual in case of important functionaries including higher
judiciary while acting on the administrative side. According to him, this is
purely
Rule of Law and can be traced
in all major human right functions and did not interfere with the order of
the Single Bench ... public act and the
conduct and the manner in which the public functionaries are discharging
their duties.
It would be a mere repetition
State of Haryana and others have held that
if duties and functions of temporary appointees and
employees of regular cadre in the same government ... conclusion is therefore
inevitable that the petitioners were not part-time
functionaries but were whole-time functionaries.
10. With regard to the first ground
Preamble, the State and its agencies/instrumentalities have to
function through political entities and officers/officials at different
levels. The laws enacted by Parliament ... larger public interest and
for public good. ... In our constitutional structure, no functionary of
the State or public authority has an absolute or unfettered discretion
