This article has been written by Ashika from Amity University, Lucknow

INTRODUCTION

An individual employed by the government or a government agency to serve the public is commonly called a “public servant.” This can apply to public sector employees such as teachers, police officers, civil servants, elected officials, and healthcare providers. In a country like India, it is observed that a lot of respect and power is given to officials involved in the upliftment of the society. They are seen as links between the government and the public.

Their role in society is quite significant because they are responsible for implementing the plans of the government and taking the problems faced by the people to the right institutions that are competent to solve them. This respect as a public servant motivates many candidates to study and prepare for the exams that make them a public servant. However, the word civil servant has general connotations that may or may not be correct. In this article, we discuss the term “Public Servant” as defined in the Indian Penal Code, 1860 (IPC).

ROLE OF PUBLIC SERVANT

Serving the public: Public servants are expected to prioritize the interests and welfare of the public they serve. They should strive to provide efficient and effective public services, respond to the needs of citizens, and ensure a fair distribution of resources. Elattuvalapil Sreedharan, also known as “Metro Man”, led the construction of the Delhi Metro, providing efficient and reliable public transport to millions of people in the capital.

Upholding the rule of law:

Public servants are responsible for enforcing and following the laws of the land. They must act according to the legal framework, maintain law, and order and ensure justice and equality for all citizens. Kiran Bedi, the first female officer of the Indian Police Service (IPS), is known for her strict adherence to the rule of law.

Promoting transparency and accountability:

Officials must be transparent in their actions and decisions. They must provide accurate and timely information to the public, maintain financial integrity and be accountable for their actions. T.N. A former Chief Election Commissioner of India, Seshan initiated electoral reforms, curbed electoral malpractice, and ensured free and fair elections.

Promoting Ethical Conduct: Officials must adhere to high ethical standards in their conduct. They must avoid conflicts of interest, refrain from corrupt practices and show integrity in decision-making. Dr. A.P.J. Renowned scientist and 11th President of India, Abdul Kalam promoted the values of honesty, humility, and dedication, inspiring the youth and promoting ethical responsibility among public servants.

Participation in policy development and implementation: Officials play a key role in shaping and implementing policies that address social challenges. They should engage in evidence-based decision-making, consult with stakeholders, and pursue policies that benefit the public. Nandan Nilekani, co-founder of Infosys and former chairperson of the Unique Identification Authority of India (UIDAI), spearheaded the implementation of the Aadhaar card program.

SECTION 21 OF IPC 

Section 21 of the INDIAN PENAL CODE The words “officer” applies to all persons mentioned in the following clauses.

CLAUSE SECOND

As stated in the Indian Penal Code, the term “officer” includes all officers of the Indian Army, Navy, and Air Force. The term commander refers to officers who receive the rank officially before receiving the said condition. On the other hand, a non-commissioned officer (NCO) is an officer who has not yet earned a rank or position in the national defense forces.

As is evident from the definition in Section 21 (2) of the Indian Penal Code, the expression “public servant” includes only officers of the Indian army, navy, and air force. In addition, the Supreme Court of India ruled that a member of the Reserve and Auxiliary Air Force (1952) is a civil servant on a par with any other officer of the Indian Air Force.

CLAUSE THREE

Under the Indian Penal Code, the term “officer” includes any magistrate, which also includes any person authorized by law to exercise judicial functions either on his own or as a member of a body of persons. This definition is taken from Section 19 of the Indian Penal Code, 1860. In K.Veeraswami v. The Supreme Court of the Union of India said that the definition of civil servant also includes Judges of the High Courts and High Courts because they also fall under the ambit of the term “judge”.

The Andhra Pradesh High Court in the case of Advocate General Andhra Pradesh Vs. Rachapudi Subba Rao said that the Central Government was not the competent authority to order the removal of a High Court judge.

Moreover, as the Supreme Court noted in the case of R.S. Nayak v. A. K. Antulay, Member of the Legislative Assembly should not include the definitions and scope of the term “officer”.

This is because a member of the Legislative Assembly cannot be held liable for acting in breach of privilege or for voting against the rules of the House. Therefore, the task to be done is constitutional in nature, not legal.

CLAUSE FOUR

The Indian Penal Code provides that the term officer includes every officer of a Court of Justice 28 [(including a liquidator, receiver or commissioner)] whose duty it is, as such officer, to investigate or report on any matter of law or fact, or to make, authenticate, or keep any document, or to take charge or dispose of any property, or to execute any judicial process, or to administer any oath, or to interpret, or to preserve order in the Court, and every person specially authorized by a Court of Justice to perform any of such duties.

CLAUSE FIVE

Under the Indian Penal Code, the term officer includes any magistrate, assistant or member of a panchayat assisting a court or officer.

CLAUSE SIX

Under the Indian Penal Code, the term officer includes any referee or other person to whom any case or question is referred to a court or other competent authority.

CLAUSE SEVEN

As stated in the Indian Penal Code, an officer means any person exercising any office in virtue of which he has the power to arrest or detain any person. A police officer who investigates and reports an offense cognizable under the Essential Goods Act 1955 is a public servant. Although the members of the Legislative Assembly can impose imprisonment, it does not mean that the member of the Legislative Assembly should come under Section 21 of the Indian Penal Code.

CLAUSE EIGHT

According to the Indian Penal Code, officer means any officer of the Government who is charged with the duty of preventing crime or giving information about crime, bringing criminals to justice, or protecting public health, safety, and decency. A civil servant is a person who works in the government or is entrusted with the administration and performance of a public task. For example: Public school teacher, bus driver, Air India employee are called civil servants.

CLAUSE NINE

Under the Indian Penal Code, the term “officer” includes any officer who is required to accept, receive, hold, or expend property on behalf of the Government or make surveys, assessments, or contracts on behalf of the Government. or to carry out revenue processes or to investigate or report on any matter affecting the fiscal interests of the Government, or to prepare, approve or maintain documents relating to the fiscal interests of the Government or to prevent violations of the fiscal interests of the Government.

The word “officer” in this clause does not include a teacher in a Government College. This is because the university is an autonomous institution, and the lecturers simply perform their duties under the authority of the autonomous institution.

In Ram Avtar Shah Vs. State of Bihar, it has been held that any surveyor exercising his statutory duties in a civil court dealing with income tax is a public servant. Even the chalassi who makes and sells train tickets in the train carriage shop is a civil servant. The office of prime minister is also included in Section 21(9) of the Indian Penal Code, 1860.

The Supreme Court in Dilawar Babu Kurane Vs. The State of Maharashtra has said that the teaching staff of a private college appointed by the university does not come within the definition of officers under that section. However, all persons receiving compensation under section 73(4) of the Shivaji University Act, 1974 shall be deemed to be officers for the purposes of all penal laws under the said Act.

CLAUSE TEN

Under the Indian Penal Code, the term officer includes any officer who takes, receives, holds, or consumes any property and makes surveys or assessments or collects taxes or duties for the common secular purposes of any village or town. or he shall make, approve, or maintain any instrument for determining the rights of the inhabitants of any village, city, or town. According to it, Gram Panchayati Sarpanch and Gram Sabha Pradhan are also civil servants. As R.B. Kulkarni Vs. The state, the city commissioner is not a state employee. This is because the people are elected by the city commissioner. He is not appointed by the government. However, there is an exception to this rule. Statutes such as the Madhya Pradesh Municipalities Act, 1916 expressly provide that a councilor is an officer.

CLAUSE ELEVEN

It provides that officer means any public officer holding any office by virtue of which he has the power to prepare, publish, keep, or inspect the list of voters or conduct any election or part of an election. This clause applies exclusively to persons involved in electoral processes and was inserted by the Indian Electoral Offenses and Inquiry Act, 1920.

CLAUSE TWELVE Under the Indian Penal Code, the term public servant includes any employee who works or is employed. to the state or is paid a fee for the performance of a public duty and for every person as defined in Section 617 of the Act who is or is employed by a municipal authority or unit established under central, provincial, or state law or an enterprise owned by the state. Companies Act, 1956. For example, a municipal commissioner is a civil servant. Persons under any of the above descriptions are public servants, whether appointed by the Government or not.

CIVIL SERVANT VS PUBLIC SERVANT

Given their striking similarities, the terms “public servant” and “civil servant” pose significant challenges to anyone studying public administration. Some students treat the two concepts as interchangeable because they do not fully understand them; this is incorrect because, despite their similarities, there are significant differences that should be noted.

A public servant and a civil servant have one thing in common: they work as officials in government agencies, and despite being called servants, they are inherently raised and bred to feel superior to the public. They both enjoy a certain level of security in that their jobs are assured, even in the event of mediocre or deficient performance. However, because of this security, they act haughtily toward regular people.

In a technical sense, a bank officer and a civil servant are both public servants; the main distinction is the amount of power that each hold. A civil servant is a level above other public servants because they are invariably a part of the administration.

Even a nurse employed by a government hospital meets the definition of a public servant, but she is different from a district magistrate (DM), who is a member of the civil service. Not only do pay scales and salaries differ significantly, but hiring and promotion policies for public and civil servants are governed by distinct sets of rules and regulations.

While each state has its own Public Service Commission to choose and appoint civil servants to state service, civil servants are chosen by the Union Public Service Commission at the union level. Postings in public departments across India are available to those who are selected through UPSC; this is determined initially by the cadre they are assigned.

CASE LAWS

GHULAM RABBANI V. ASAM State [2001 CriLJ 2331]: The Guwahati High Court ruled that a State Warehousing Corporation’s Branch Manager is not a public employee since the company was not established by statute, making it a non-statutory body.

State (NCT OF DELHI) v. National Small Industries Corporation Limited [Criminal Appeal No. 1802/2008]: The Supreme Court ruled that while a government company and its employees are not considered public servants, the company itself does.

THE STATE VIA CBI V O.P. DOGRA [AIR 1986 SC 312]: It was decided that, in the case of the Life Insurance Corporation (LIC), its workers qualified as public servants.

In P. ARULSWAMI V. STATE OF MADRAS [AIR 1967 SC 776], the Division Bench of the High Court of Rangoon held that a public servant who commits an offence while serving the public can be prosecuted with a sanction; however, if the public servant resigns, cognizance can be taken without a sanction.

In KALICHARAN MAHAPATRA V. STATE OF ORISSA [1998 6 SCC 411], the Division Bench held that the public servant who committed the offense while serving the public can be prosecuted with a sanction, but if he ceases to be a public servant, cognizance can be taken without a sanction.

CONCLUSION

One category of public servants is civil servants. Although they are administrators and officers doing different tasks, they are both called servants. The laws and policies controlling their promotion and hiring differ significantly. There is a rung in the public service hierarchy for civil servants.

REFERENCES 

‘What Do You Understand about the Term “Public Servant”? Reflect on the Expected Role of a Public Servant. (150 Words, 10 Marks)’ (PWOnlyIAS, 14 August 2023)

pwonlyias.com/mains

Kundu B, ‘Decoding Section 21 of the Indian Penal Code’ (lawyersclubindia) www.lawyersclubindia.com/89

Olivia, ‘Difference between Civil Servant and Public Servant’ (Compare the Difference Between Similar Terms, 8 August 2011) www.differencebetween.com/hhgh