Santosh Kumar Pandey vs State Of U P And 17 Others on 7 May, 2019
manner, as stated, is on the part of a public
functionary and in view of the law laid down by
the Hon'ble Supreme
public, or to any section of the public whereby any
person may be induced to commit an offence against the
State or against the public ... criticism which helps in good governance
and keeps a leash on public functionaries, providing a
touchstone for the Executive to test the worth of their
orders as well as
orders passed by the Collector and other public functionaries, which
indicate that respondent No.2 is working as Assistant Teacher
been held that wherever wide
power is conferred by statues on public functionaries, the same is
subject to inherent limitation that it must be exercised
been held that wherever wide
power is conferred by statues on public functionaries, the same is
subject to inherent limitation that it must be exercised
been held that wherever wide
power is conferred by statues on public functionaries, the same is
subject to inherent limitation that it must be exercised
judis.nic.in
CRL.O.P.(MD).No.13450 of 2017
functionaries and public servants mentioned therein.
However, the offence alleged to have been committed ... acts / conduct in the
discharge of public functions of the concerned
functionary or public servant, as the case may be.
8. This judgment has been
which the investigating officer has been following the dictum/advice given by public prosecutor/department of prosecution.
Investigation is conducted under Chapter ... senior police functionaries. The Investigating Officer or the Investigating Agency is not required to accept and follow the opinion given by the Public Prosecutor/Officers
here under:
"30. Special Public Prosecutor could be appointed
only when public interest demands. There should be
special circumstances warranting such appointment. The
mere ... just, fair
and reasonable, the Special Public Prosecutor would be
under less duty as a functionary of the State to discharge
his function