Extracts you can use:
In Lucknow Development Authority V/S M
.K. Gupta the Apex Court held that when public servants by
malafide, oppressive and capricious acts in performance of official duty causes
injustice harassment and agony to common man, renders the State or its
instrumentality liable to pay damages to the person aggrieved. And the State or
its instrumentality is duty bound to recover the amount of compensation so paid
from the public servant concerned. (1994) 1 SCC 24,
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“If civilisation is not to perish in this country as it has perished in some others too well
known to suffer mention, it is necessary to educate ourselves into accepting that, respect for the rights of individuals is the true bastion of democracy. Therefore, the State must repair the
damage done by its officers to the petitioner's rights. It may have recourse against those officers."- HON’BLE Supreme Court in Rudul Sah v. State of Bihar
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Yet, forms of
accountability may differ but the basic idea remains the same that the holders
of High Public Office having access to Public funds must be able to publicly
justify their exercise of power not only as legally valid but also socially
wise just and reasonable, chiefly designed to add something more to the quality
of life of the people. Every exercise of Power depends on this ideal for its
validity.
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“Act in discharge of official duty- Where public servant commits
the offence of cheating or abets another so to cheat, the offence committed by
him is not one while he is acting or purporting to act in the discharge of
official duty, such offences have no connection with official duty, the
official position only furnishing occasion or opportunity to do such acts.-AIR
1960 SC266.”
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“1. People in power and
authority should not easily lose equanimity, composure and appreciation for the
problems of the lesser mortals. They are always expected to remember that power
and authority must be judiciously exercised according to the laws and human
compassion. Arrogance and vanity have no place in discharge of their official
functions and duties. ” -Supreme Court on 18-02-2010 in
CIVIL APPEAL NOS. 1429-1430 OF 2010
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“……..The responsibility of
officials to explain and to justify their acts is the chief safeguard against
oppression and corruption.” -Supreme Court of India UP
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