risk cannot be an arbitrary and
irrational function of the level of efficiency or inefficiency of the
functionaries of the Insurance Co.
In other words ... risk cannot be an arbitrary and irrational function of the level of
efficiency or inefficiency of the functionaries of the Insurance Co., it
cannot
submitted that the Assistant Regional Transport Officer being a functionary of Government was performing sovereign functions and cannot be termed as 'Service Provider
There was no merger of the
Departments and the various cadres functioning under the departments as
claimed by the applicants. The amalgamation of Two Directorates ... change in the nature and duties of the functioning of panchayat and rural
development functionaries. Within the Department, the Rural Development
wing consisting
trustees, apparently for functions being
undertaken by them (which are a duplication of
functions for which there are other functionaries ... clear bearing on
the claims that they were undertaking these functions
on a full time basis. The duty of the trustees is to
safeguard
assessee company Key components of
work were performed by these senior functionaries of the
assessee from premises of the subsidiary of the assessee
in India ... these executives
of the assessee form a part of the core functions of the
assessee. Thus a significant chunk of the core functioning
indicative that holders of these positions
are discharging the same functions and duties done by them while
holding the post from which they were given ... differentiation between the functions and responsibilities, it was
unjustifiable to equate AAO regular and AAO (Adhoc/RT). These were
two different functionaries, except that they
competency of functionaries, such an Additional
Secretaries, having been given a look after charge,
could have exercised the statutory function under the
provisions
deficiency in service in respect of the function by the statutory authorities other than the sovereign functions.
10. The Hon'ble Apex Court further ... held in Punjab Urban Planning and Development Authority (Supra) that no functionary in exercise of statutory power can claim immunity, except to the extent protected
formed after perusing various
recommendations and observations made by the functionaries at lower
levels including the observations in the inspection report, supplementary
inspection report ... mismanagement, irregularities, misuse
of funds, fudging of financial statements etc. in the functioning of the Club,
vide letter dated 16th March, 2016 direction was issued
formed after perusing various
recommendations and observations made by the functionaries at lower
levels including the observations in the inspection report, supplementary
inspection report ... mismanagement, irregularities, misuse
of funds, fudging of financial statements etc. in the functioning of the Club,
vide letter dated 16th March, 2016 direction was issued
