gravity of the misconduct.
22. All authorities while acting as public functionaries and in a disciplinary case when their nomenclature is altered to quasi judicial ... Apex Court in such a case while defining the discretion by public functionaries to be exercised judiciously observed as under, in Union of India
administrative capacity in the matter of exercise of power by public functionaries the discretion which is available cannot be exercised at the ipse dixit when ... statute in question.
21. In the matter of discretion the public functionaries are supposed to act diligently and in the following manner as held
discretion is on the administrative authorities while discharging the role of public functionaries to be judicious and its approach. Discretionary power has been defined ... other than one's own judgment. But, when applied to public functionaries, it means a power or right conferred upon them
documents and get them stamped and registered according to law, any public functionary may force them to do so or do those acts himself ... there is any provision under the authority of which any public functionary may force the parties to execute a particular type of document
past of his candidate."
"MPs or MLAs are undoubtedly public functionaries. Public education is
essential for functioning of the process of popular government ... process of a
voter would include his right to know about public functionaries who are
required to be elected
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
which are to be done in a particular manner by the public functionary or even by the quasi-judicial authority are to be done ... which are to be done in a particular manner by the public functionary or even by the quasi judicial authority are to be done
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
Mehta v. Union of India , (2006) 3 SCC 399 - Public functionaries
18
M.C. Mehta Vs Union of India- W.P. (Civil) No. 13029/1985
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
