respect of acts/conduct in the discharge of public functions of the
functionary or public servant concerned, 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
respondent No.1 was
actuated, in the discharge of her functions as a public functionary, by improper
motives for her personal and party interest ... other person;
iii. was actuated in the discharge of his functions as
such public functionary by improper or corrupt
motives or personal interest
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
provision of the Act. The Central Government
is a statutory functionary. Its functions are circumscribed by
Section 70 of the Act only
accused of any misconduct. Interference by one officer in the
functioning of other functionaries in the office is certainly an
administrative issue which ... found that the
petitioner was interfering with the functioning of other functionaries
in the office. Thus, the transfer of the petitioner was clearly made
have done it. Whenever a decision-making function is entrusted to the subjective satisfaction of a statutory functionary, there is an implicit obligation to apply
administrative, that whenever a decision-making function is entrusted to the subjective satisfaction of a statutory functionary, there is an implicit obligation to apply
proceedings in that case , held as follows:
The public prosecutor is a functionary of the State appointed to assist the Court in the conduct ... 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
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
National Building Construction ... vs Union Of India & Ors. on 16 November, 2018
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