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The Commissioner vs The State Of Tamil Nadu on 17 November, 2016 Author: S. Manikumar

every action taken by the political or executive functionary is transformed into a public controversy and made subject to an enquiry to soothe popular sentiments

Constitution of India. The Supreme Court indicated that if the functionaries of the Government become law breakers, it is bound to breed contempt ... infringement of the fundamental right to life of a citizen by the public servants and the State is vicariously liable for their acts. The claim

Tamil Nadu Public Service Commission and thereupon got appointed as Agricultural Officer (Chemistry) exclusively on 30.10.1996. The major functionary divisions in the agriculture departments ... agricultural officers for each divisions are recruited by the Tamil Nadu Public Service Commission separately and the Extension Wing also got separate service Rules known

accept the charge of malus animus laid against the State and its functionaries. The burden to prove the charge of mala fides is always ... required to be decided by the Government are dealt with by several functionaries some of whom may record notings on the files favouring a particular

second equally relevant matter is that when a statutory functionary makes an order based on certain grounds, its validity must be judged by the reasons ... attention to the observations of Bose J. in Gordhandas Bhanji (1) "Public orders, publicly made, in exercise of a statutory authority cannot be construed

second equally relevant matter is that when a statutory functionary makes an order based on certain grounds, its validity must be judged by the reasons ... para 9) 9.  public orders, publicly made, in exercise of a statutory authority cannot be construed in the light of explanations subsequently given

unreasonableness and arbitrariness. The State, its corporations, instrumentalities and agencies have the public duty to be fair to all concerned. Even when some defect ... furtherance of public interest and not merely on the making out of a legal point. The court should always keep the larger public interest

Madras 222 that, ....... the authority concerned, who is the statutory functionary, cannot decline to afford an opportunity to the person, who is really interested ... prerogative right to acquire the lands belonging to the individuals, for a public purpose, under the theory of 'Eminent Domain'. However, the rule

initially. ("The second equally relevant matter is that when a statutory functionary makes an order based on certain grounds, its validity must be judged ... attention to the observations of Bose J. in Gordhandas Bhanji (1) "Public orders, publicly made, in exercise of a statutory authority cannot be construed