waiver of the pre-deposit. It is, thereafter, for the public functionary i.e. Commissioner (Appeals) or the Tribunal to pass an order on such ... control of the assessee, but depends upon the acts of public functionary. The provisions of a Statute relate to performance of a public duty
indemnify a citizen for injury suffered due to abuse
of power by public authorities is founded as observed
by Lord Hailsham in Cassell ... must always be subordinate to their duty of service'.
A public functionary if he acts maliciously or
oppressively and the exercise of power results
this Tribunal as it does not constitute an
authority under the Public Premises (Eviction of
Unauthorized Occupants) 1971.
6. The applicant has filed a rejoinder ... where high confidence had been in
the public functionaries.
7. We have carefully gone through the pleadings of rival
parties and patiently heard the arguments
stated
that public authority was not the custodian of such records and then said, they wrote to Smt.
Meena Sharma Notary Public, asking ... sadly reflects the state of notary/legal records. Notary Public is an
important public functionary which documents certain activities for the purpose of legal
consideration
covered under RTI irrespective of it being a private entity
or public entity. Any information which has to be sought from any other private schools ... functions whether private or public to ensure welfare of
people and in public interest.
19. As the activities of the functionaries of the private education
considering catena of cases of this Court
with regard to allotment of public property as
under:
29
50. For achieving the goals of justice ... required to be used in larger public interest
and for public good......In our constitutional
structure, no functionary of the State or
public authority
covered under RTI irrespective of it being a private entity
or public entity. Any information which has to be sought from any other private schools ... functions whether private or public to ensure welfare of
people and in public interest.
19. As the activities of the functionaries of the private education
that the law of the country
binds judicial functionary also properly and effectively by
judicial functionaries and if they commit negligence,
disobedience ... land or loss to anybody while
functioning as public servant, the said public servant shall
also be liable for legal action under Sections
guiding
principle which is that wherever it is clearly contrary to the public interest for a
document to be disclosed, then ... 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
2014. It was argued that the depositions
by various functionaries of the public authority has already been completed in the ongoing
investigation
