manner and includes failure to
(3) allegations in relation to a public functionary includes any affirmation that such public functionary in his capacity ... survive in public life on the basis of pu
41/ True it is that public functionaries, as defined in the Act of 2002, hold their
every public
functionary and public authority to act fairly, reasonably and prudently in
the public interest and for the public good. In the case ... matters of trade or business, public
authorities must be mindful of public interest, public purpose and public
good. The observations
specifically includes only the Vice Chancellor
as a public functionary and not the University.
It was contended that the said provision
incorporates the individual decision ... Lokayukta Act , it was contended that in order
to protect the public functionaries against
whom the inquiry is to be held under the
provisions
frivolous, will have a
tremendous adverse impact on the public life of a public functionary.
Learned counsel submitted that in order to avoid such ... maintenance of public
order.
(2) The Accountability Commission may inquire into any act
or conduct of any person other than a public functionary
view, too late in the day for any
public functionary or Government to advance such a contention leave alone
expect this Court to accept ... rule of law, it
is imperative that all actions of every public functionary, in whatever
sphere, must be guided by reason and not humour, whim
mandatory and why it is said to be directory for
any public functionary. This is what was held in paragraph 7 of this
decision ... specified time,
the same would ordinarily be mandatory but when a public
functionary is required to perform a public function within a
time-frame
Extra Judicial Execution Victim And ... vs Union Of India And Ors. on 8 July, 2016
under Article 12 of the Constitution of India, its officers are public functionaries. In our Constitution, sovereignty vest in the people. Every limb of constitutional ... action/inaction or illegal exercise of power on the part of public functionaries.
8. In our system, Constitution is supreme, but the real power vests
people, by the people and of the people". A public functionary cannot be permitted to act like a dictator causing harassment to a common ... instrumentalities. That is provided by the rule of law....... A public functionary if he acts maliciously or oppressively and the exercise of power results
people, by
the people and of the people. A public functionary cannot be permitted to
act like a dictator causing harassment to a common ... instrumentalities.
That is provided by the rule of law... A public functionary
if he acts maliciously or oppressively and the exercise of
power results
