Baban Chaubey And Ors. vs State Of Bihar And Ors. on 17 February, 1989
Author
provision of the Act.
The Central Government is a statutory functionary. Its functions are
circumscribed by Section 70 of the Act only
come across any case so far where the functions
required to be performed by statutory functionaries had been rendered
redundant by a Court by issuing ... Courts, as indicated
hereinbefore, ordinarily is reluctant to assume the functions of the
statutory functionaries. It allows them to perform their duties at the
first
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
noticed hereinbefore, depicts as to how
sometimes the public functionaries of the Government function. R. Sundar
Raju, according to the Appellant, is said to have
correct. When a statutory functionary passes an order, that too authorizing a
person to carry out a public function like investigation into an offence
shall assume
the role of the Executive Government of
the State. Statutory functions are
assigned to the State by the Legislature ... Courts, as indicated hereinbefore,
ordinarily is reluctant to assume the
functions of the statutory
functionaries. It allows them to
perform their duties at the first
does not envisage functioning
of the Government through the Chief Minister alone. It speaks of Council of
Ministers. The duties or functions of the Council ... under law and the
Constitution. All the constitutional functionaries must, therefore, function
within the constitutional limits.
18. Apart from the fact that nothing has been
Rajan and others [(2003) 7
SCC 546] holding :
"...Statutory functions are assigned to
the State by the Legislature and not by
the Court ... Courts, as
indicated hereinbefore, ordinarily is
reluctant to assume the functions of the
statutory functionaries. It allows them
to perform their duties at the first
cancel the bid.
The Executive Committee is a statutory functionary. The powers and
functions of the authority and the respective committees concededly are
governed