SHENOY,
MEMBER
This is a case of harassment by the public functionary. The
complainant Harmit Singh purchased a second hand car
at Delhi ... case of
harassment of an ordinary citizen by the public functionary, may be that he has
not succumbed to the pressure of undesirable functioning
right to know every public act, every thing that is
done in a public way by their public functionaries and the right to know ... decided to enact
the RTI Act which, besides granting right to access public information also
creates a comprehensive mechanism for providing the desired information
indemnify a citizen for
injury suffered due to abuse of power by public authorities is founded as
observed by Lord Hailsham in Cassell ... power must always be subordinate to
their duty of service. A public functionary if he acts maliciously or
oppressively and the exercise of power results
private
service provider and the public service provider. The Court observed:
No distinction can be drawn in private and public
transport or insurance companies. Even ... omissions be
scrutinized as public accountability is necessary for healthy growth of
society.
The Court also observed:
.. A public functionary if he acts maliciously
sensitive it grows to violation of duties by private or even public functionaries. Law of Torts and particularly the branch of negligence is consistently influenced ... authorised or not done in the bona fide interest of the public.
In Read v. J. Lyons
respondents had acted bona fide and in the interest of preservation of public health. Their motive may be good but their orders are illegal ... bear the brunt. The concept of authority and power exercised by public functionaries has many dimensions. It has undergone tremendous change with passage of time
power' to 'rob the rest' and the might of public bodies which are degenerating into storehouses of inaction where papers ... checking the rot.
5. The Apex Court further observed:
10. A public functionary if he acts maliciously or oppressively and the exercise of power results
corruption
thrive and prosper in the society due to lack of public resistance, or, putting
in other words, succumb to the pressure of undesirable functioning ... power must always be subordinate to their duty of service. A public functionary if he acts maliciously or oppressively and
the exercise of power results
Central Bank of India in this case. Negligence by the public functionaries especially those who are well paid cannot be tolerated. The Apex Court ... bear the brunt. The concept of authority and power exercised by public functionaries has many dimensions. It has undergone tremendous change with passage of time
illustrates how a common
man can be harassed and
ruined by the functionaries of statutory body such as City Corporation.
It aptly reflects what ... match the might of the State or its instrumentalities. . A
public functionary if acts
maliciously or oppressively and the exercise of power results in
harassment
