General Clauses Act deals with
the substitution of functionaries, it enabled that
functionary to discharge the functions of the Commissioner
of Police under section ... General Clauses Act deals with the substitution of
functionaries, it enabled that functionary to discharge the
functions 'of the Commissioner of Police under section
Pratap Singh vs State Of Jharkhand & Anr on 2 February, 2005
Author: Hotoi Khetoho
respect of
acts/conduct in the discharge of public
functions of the concerned functionary or
public servant, 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
BPSC within the frame work or parameters of which
its functionaries can function.
24. We shall now take up for our consideration the reliefs sought ... said interim orders which interfered with the
normal functioning of the BPSC by the constitutional functionaries, even if
the High Court desired to have
being done now
under the State Act through statutory functionaries. Thus
none of these functions could be construed to be sovereign
in nature or inalienable ... fact, all governmental functions cannot be
construed either primary or inalienable sovereign function.
Hence even if some of the functionaries under the State Act
could
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
Section 6 of the Act as he was the functionary who was executing the functions referred to in the section at the time when ... General Clauses Act deals with the substitution of functionaries, it enabled that functionary to discharge the functions of the Commissioner of Police Under Section
provision of the Act.
The Central Government is a statutory functionary. Its functions are
circumscribed by Section 70 of the Act only
BPSC within the frame work or parameters of which
its functionaries can function.
24. We shall now take up for our consideration the reliefs sought ... said interim orders which interfered with the
normal functioning of the BPSC by the constitutional functionaries, even if
the High Court desired to have
functionary
like the Commissioner is vested with wide powers, the law
expects him to act fairly and legally. Discretion vested in
a high functionary ... emanates from its exercise this functional
obligation must be read into it. [316 F]
Observations
(a)When a statutory functionary makes an order based
