assessment declared a nullity.
31. Twin cardinal principals of Public law are that a public functionary exercising quasi-judicial authority must always keep himself within ... exercise of that power. Exercise of power by a public functionary cannot be defeated so long as he satisfies all the requisites statutorily laid down
laudable object of rooting out corruption from public life while at the same time saving public functionaries from the menace of false and frivolous accusations ... trust in relation to the power that is entrusted to public functionaries for being used only for public good. The legislature has spared nothing
while exercising its statutory power to suspend an office holder of public functionary who has enjoyed or occupying it upon a popular electoral mandate, seriously ... read with the provisions of powers of suspension of such elected public functionaries or holder of public office by election and considering the provision, textually
Extra Judicial Execution Victim And ... vs Union Of India And Ors. on 8 July, 2016
A. Swamickan vs K. Venkatachalam And Anr. on 23 April, 1986
Equivalent citations: AIR1987MAD60, AIR
State Government can take into consideration
any misdeed or misconduct of public functionaries of earlier tenure, at
subsequent stage.
22. Learned counsel for intervenor also ... further submitted that being the public functionary, public
accountability is much higher. She failed in that test. He prayed for
dismissal of the writ petition
under Article 12 of the Constitution of India, its officers are public functionaries. In our Constitution, sovereignty vest in the people. Every limb of constitutional ... action/inaction or illegal exercise of power on the part of public functionaries.
8. In our system, Constitution is supreme, but the real power vests
administrative capacity in the matter of exercise of power by public functionaries the discretion which is available cannot be exercised at the ipse dixit when ... statute in question.
21. In the matter of discretion the public functionaries are supposed to act diligently and in the following manner as held
force or attempts to do so or cause death of any
public functionary or attempts to cause death of any public
functionary; or
(c) detains ... section, public functionary means the
constitutional authorities and any other
functionary notified in the Official
Gazette by the Central Government as a
public functionary
people, by the people and of the people". A public functionary cannot be permitted to act like a dictator causing harassment to a common ... under Article 12 of the Constitution of India, its officers are public functionaries. As observed under our Constitution, sovereignty vest in the people. Every limb
