This Court has to examine the role of State, public
instrumentality and public functionaries in promoting
Constitutional morality. The transformative character of
Constitution makes perceptible ... discharges public function. It is bound by public
morality conceived in the Constitution. Public morality is
the morality dictated by the Constitution. Public
functionaries, therefore
India. They are public functionary. As per Constitution, the sovereignty vests in people. Every government functionary including the public authorities are obliged to be people ... match the inaction in public oriented departments gets frustrated and it erodes the credibility in the system. Where the public functionary exercises his discretion capriciously
under Article 12 of the Constitution of India, its officers are public functionaries. As observed above, under our Constitution, sovereignty vest in the people. Every ... inaction or illegal exercise of power on the part of the public functionaries.
7. In our system, the Constitution is supreme, but the real power
days as mandatory. Of
course, that does not mean that the Public Analyst can ignore the
time-limit prescribed under the rules. He must ... specified time, the same would ordinarily
be mandatory but when a public functionary is required to perform
a public function within a time-frame
better avoided
where its exercise may prejudice or likely to prejudice the public interest.
9. The reasons why the court would not exercise the discretion ... would paralyse the public administration, as based on such
presumption the court would be required to view every act of public functionary with
suspicion
dissuade the
complainant from lodging FIR.
26. In democracy, Democratic Accountability of Public
Representative is much higher. Act of appellant No. 1 Salman alias
Shahrukh ... since complainant belongs to weaker section of society and therefore,
public representatives and public functionaries are more expected to
have considerate thoughtfulness towards the modesty
oblivious of the law that when a public
functionary is required to do a certain thing within a
specified time, the same is ordinarily directory
exercisable by the functionaries of the State as a
trust which will stand discharged only if the power is
exercised in public interest ... till recently
considered to be within the legitimate sphere of a
public functionary as a repository of executive power.
Those exercising power for public good
Ganga Ram Hospital vs State on 22 June, 2020
Equivalent citations: AIRONLINE 2020 DEL 884
private residence), Section 88
(Government Officers and Public
Functionaries) and or the instruments
forwarded to Sub Registrar under
Section 89 alone shall be admitted
