other person:
(iii) was actuated in the discharge of his functions as such public functionary be improper or corrupt motives or personal interest:
(iv) allegation ... Excise while granting this license was discharging his statutory functions. He is not a `public functionary' defined under Section-2(m) and, therefore, would
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
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
members, to the fundings, to the
appointment of various functionaries, to the controlling of the
functioning through those appointed members and also
through means
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
functionaries had actually
put up a draft of detention order for the approval/vetting by the
detaining authority which implies that the lower functionaries
presumed ... vetting by the
competent authorities/senior functionaries can perhaps be justified
in the routine discharge of administrative functions and duties in
various Ministries and Departments
always maintained that the public authorities, who are entrusted with statutory functions cannot act negligently. Under our Constitution sovereignty vests in the people.
16. Public ... authority and power exercised by a public functionaries has many dimensions. The authority empowered to function under a statute while exercising power discharges public duty
Chief Justice of India does, and is expected to function so
that the final opinion expressed by him is not merely his
individual opinion ... vested in a
high constitutional functionary. The authority is entrusted to
the Chief Justice because such an entrustment of functions
is necessary for the efficient
lure good lawyers from the Bar. This function cannot
be delegated to any State functionary of the executive.
That is why Supreme Court in State
Procedure , etc. It was further submitted that the functions are
such that authority discharging such function is to be classified as
“court ... Registrar etc. The petitioner also went to the extent of describing these
functionaries as the “Cooperative Courts” while discharging these duties
through no such nomenclature
