AI Overview...
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Functus Officio - Definition and Application
The term functus officio refers to an officer or authority that has fulfilled its function and cannot revisit or alter its decision. It is derived from Latin meaning having performed his or her office Nainesh Sanghvi vs State of Maharashtra, through the Office of Government Pleader attached to this Hon’ble Court - Bombay, RAMESH KUMAR vs ERNAKULAM DISTRICT CO-OPERATIVE BANK - Kerala, Ramanatha Aiyar's Law Lexicon. Once a decision is made, such as an order or judgment, the authority becomes functus officio and cannot modify or review its decision unless specific legal provisions allow Rajesh S. Gokhale vs Union of India - Delhi, P. Ramalingam VS S. Chandra - Madras. -
Post-Decision Limitations
After completing proceedings or passing an order, authorities or tribunals become functus officio, and their powers are generally exhausted. For instance, tribunals or courts lose jurisdiction once their mandate ends, such as after a specified period or upon final decision, rendering subsequent actions ultra vires and non-est in law VANDANA GUPTA VS KUWAIT AIRWAYS LTD - Delhi, Transair VS Kuwait Airways Ltd. - Delhi. Similarly, once an administrative authority communicates its exoneration or final decision, it cannot revisit or alter the same Rajesh S. Gokhale vs Union of India - Delhi. -
Exceptions and Clarifications
The doctrine does not apply when decisions are not final or when specific statutory provisions permit review or reconsideration. For example, an arbitrator passing an ex parte award is not necessarily functus officio if the award is challenged or if the proceedings are incomplete RAMESH KUMAR vs ERNAKULAM DISTRICT CO-OPERATIVE BANK - Kerala, D. MAHESWARAPPA VS UNION OF INDIA - Karnataka. Also, administrative decisions based on policy or ongoing investigations may be revisited, indicating that the functus officio doctrine is subject to context and legal framework Orissa Administrative Tribunal Bar Association VS Union of India - Supreme Court. -
Legal and Judicial Perspectives
Courts have reiterated that once a law is enacted, the legislature becomes functus officio regarding that legislation, meaning it cannot alter or revisit the law post-enactment Schulke India Pvt. Ltd. VS Union of India through the Revenue Secretary, New Delhi - Bombay. Similarly, in administrative law, once a tribunal or authority's mandate ends, it becomes functus officio, and further proceedings are invalid VANDANA GUPTA VS KUWAIT AIRWAYS LTD - Delhi, Transair VS Kuwait Airways Ltd. - Delhi.
Analysis and Conclusion
The doctrine of functus officio is a fundamental principle in administrative and judicial law, emphasizing finality of decisions once an authority has performed its function. While it generally bars revisiting decisions, exceptions exist based on statutory provisions, ongoing proceedings, or specific circumstances. Recognizing when an authority becomes functus officio helps prevent abuse of power and ensures legal certainty.
References:
- Nainesh Sanghvi vs State of Maharashtra, through the Office of Government Pleader attached to this Hon’ble Court - Bombay
- RAMESH KUMAR vs ERNAKULAM DISTRICT CO-OPERATIVE BANK - Kerala
- Rajesh S. Gokhale vs Union of India - Delhi
- P. Ramalingam VS S. Chandra - Madras
- Orissa Administrative Tribunal Bar Association VS Union of India - Supreme Court
- VANDANA GUPTA VS KUWAIT AIRWAYS LTD - Delhi
- Transair VS Kuwait Airways Ltd. - Delhi
- Schulke India Pvt. Ltd. VS Union of India through the Revenue Secretary, New Delhi - Bombay
Search Results for "Understanding Quasi Functus Officio in Administrative Law"
2023 0 Supreme(SC) 249 • India - Supreme Court
D. Y. CHANDRACHUD, HIMA KOHLI
become functus officio after establishing the OAT - Administrative decisions based on policy can be revisited and amended. ... (A) Constitution of India - Articles 323A and 14 - Administrative Tribunals Act, 1985 - Abolition of the Odisha Administrative Tribunal ... (Paras 128b, 128e, 128g) ... ... (B) Administrative Policies - Nature of administrative decisions - The Union Government did not ... The Union Government was not rendered functus-#HL_ST....
2025 0 Supreme(Bom) 1477 • India - IN THE HIGH COURT OF JUDICATURE AT BOMBAY
AMIT BORKAR
officio. ... officio - Knowledge of one's replacement does not furnish authority - Subsequent actions based on an invalid report are void. ... 23) ... ... (B) Legal Principles - Authority derives from the appointing order; when replaced, the original officer becomes functus ... The doctrine of functus officio applies with full force to the facts of the present case. Once the proceedings were closed for submission of report after completion of hearing, and once a fresh Authorised Officer was appointed ....
2016 Supreme(Online)(KER) 43160 • India - High Court of Kerala
SHAJI P.CHALY, J
Therefore, merely because an ex parte award is passed, in my view, the Arbitrator will not become functus officio. ... Yet another predominant aspect is whether the Arbitrator becomes functus officio merely because an ex parte award is passed or a suit or application is dismissed for default. ... Black's Law Dictionary, Nineth Edition defines functus officio as follows: “[Latin “having performed his or her isoffice”].(19c) Of an officer or official body) without furth....
2018 0 Supreme(SC) 742 • India - Supreme Court
ROHINTON FALI NARIMAN, INDU MALHOTRA
officio – MOU read as a whole not providing for adjudication of any dispute by the mediators/arbitrators – Held, Cl. 12 cannot be ... take decision as whether they should continue with implementation of the MOU – After the transaction is complete they becoming functus ... of the case: ... The present dispute arises out of a Memorandum of Understanding ... He has correctly contended that, to use a well-known latin expression, they are “functus officio” after the transaction gets completed. ... One of the....
• India - Delhi High Court
JYOTI SINGH
officio. ... officio post exoneration and communication indicating otherwise is quashed. ... Authority's exoneration of a charged officer is final; authority cannot revisit or alter its decision post-communication and becomes functus ... Ramanatha Aiyar's Advanced Law Lexicon (3rd Edn., Vol. 2, pp. 1946-47) gives the following illustrative definition of the term "functus officio": "Thus a judge, when he has decided a question brought before him, is functus ....
2022 0 Supreme(Mad) 1245 • India - Madras
MUNISHWAR NATH BHANDARI, D. BHARATHA CHAKRAVARTHY
Metropolitan Magistrate had no power to pass the order under Section 14 of the Act, 2002, after an earlier order was passed, as he became 'functus-officio ... It is submitted that when once an order was passed under Section 14 of the Act, 2002, the learned Chief Metropolitan Magistrate becomes "functus-officio" and otherwise, he has no power to review or recall the order, as the statute does not provide for it. ... The power of review or recall can be exercised by the Administrative Officers or the auth....
• India - Bombay
M. S. SONAK, JITENDRA JAIN
L.J. 27 the Division Bench of this Court reiterated that the Legislature is functus officio once the law is enacted and the Court begins interpreting it. 26. ... While acting in a quasi-judicial capacity, they are bound by law and not by any administrative instructions, opinions, clarifications or circulars. ... Govind Singh, (2005) 10 SCC 437 the Hon’ble Supreme Court has explained that after enacting a law or Act, the Legislature becomes functus #H....
2015 0 Supreme(Del) 2162 • India - Delhi
DEEPA SHARMA
Whether the mandate of the tribunal had ended on 17th October, 2012 and thereafter it had become functus officio and all acts done ... It is further argued that once the tribunal had become functus officio, proceedings held on 20th October, 2012 and 7th November, 2012 were ultra vires and non est in the eye of law. ... On these contentions, it is submitted that the impugned orders of the DG be set aside and it be declared that the mandate of the tribunal had ended on 17th October, 2012 and thereafter it....
2015 0 Supreme(Del) 4063 • India - Delhi
DEEPA SHARMA
Whether the mandate of the tribunal had ended on expiry of 6 months and thereafter it had become functus officio and vide impugned ... It is further argued that once the tribunal had become functus officio, proceedings held on 20th October, 2012 and 7th November, 2012 were ultra vires and non est in the eye of law. ... On these contentions, it is submitted that the impugned orders of the DG be set aside and it be declared that the mandate of the tribunal had ended on 17th October, 2012 and thereafter it....
1971 0 Supreme(Kar) 282 • India - Karnataka
MALIMATH, NARAYANA PAI
The petitioners contended that the power of integration of the Central Government was quasi-judicial and that affected individuals ... Finding of the Court: The Court held that the Central Government's power of integration under S. 115 was not quasi-judicial ... Final Decision: The Court dismissed all eleven writ petitions, holding that the Central Government's power of integration was not quasi-judicial ... officio and thereafter it could act only under and in accordance with the order, if one is made, by a competent ....
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