Independent body must to protect honest officers

Acivil servant has to work in a dynamic and fast changing situation, which demands initiative, innovation, analytical and decision making ability. This requires proper training, adequate support, protection and a congenial atmosphere, which promotes creativity, innovation and initiative. A corrupt, repressive, stifling system cannot provide an ideal atmosphere for a good work culture.

Many imponderable questions come to the mind. Is there any justice for an honest officer? Why do honest officers quit? Why many honest officers get transfers so many times in a year? Is there any protection to the honest officer against the odds he is facing in the system? To defend himself, he cannot even engage a brilliant lawyer costing large sums of money, which a corrupt officer can possibly afford.

There are constitutional provisions for civil servants guaranteeing them certain rights and delineating procedure to follow. No doubt, these provisions provide a sense of security to the civil servant but they are primarily concerned with disciplinary proceedings. But what about the humiliation, harassment, frequent transfers, suspension, enquiries and breach of other service condition?

Is there any mechanism to address the problems of the honest officer? It is high time to think over it. There could be an administrative regulator independent of the executive to listen and to address the grievances of the officer. May be the institution of Lokpal when established will provide some relief to the honest civil servant against the wrath of the corrupt vindictive administrative and political bosses.

The Whistle Blowing Act will also be helpful in this matter.

The prosecution sanction given under section 19 of the Prevention of Corruption Act (PC Act) and under 197 of Cr. P.C. needs to be looked afresh because sanction is not required under section 19 of the PC Act, if the public servant is no longer in service at the time the court takes cognizance of the offence, but is required under sec. 197 Cr. PC even when the public servant is no longer in service at the time the court takes cognizance of the offence.

Under section 19 of the PC Act, sanction for prosecution is required for an offence punishable under sections 7, 10, 11, 13, 15 of the Act, while under section 197 (1) Cr. PC sanction is required for an offence committed while acting or purporting to act in the discharge of his official duty, and not otherwise.

No doubt, ignorance of law is no excuse. But mens rea (the intention or knowledge of wrongdoing that constitutes part of a crime, as opposed to the action or conduct of the accused) is an important element of an offence. If the intention is not malafide and the decision has not resulted in undue enrichment, then why should a honest officer be penalised?

Moreover, what is public interest? Who decides it? Is it the secretary, minister, cabinet, government, CAG or the investigating agency? A successor government can always put a decision of the earlier regime under the scanner on this pretext.

Thus an honest public servant can be punished on technical ground, even if his entire career is unblemished, even if his intention is not malafide and has not led to his enrichment.

An honest person is more likely to be harassed in a corrupt system. Such a situation may lead to policy and decision making paralysis and at times it may lead to vendetta also. Amendment Bill 2013 as modified by the 2015 amendments, covering definition of a bribe, acts falling under it, exceptions, abetment, criminal misconduct, prior approval for investigation, prior prosecution sanction etc. is pending in the Rajya Sabha. The Bill has been referred to the Select Committee of the Rajya Sabha in December, 2015. Here is hoping, a balanced view will emerge.

Ultimately it is the enlightened civil society, an independent and enlightened media, an ideal political leadership, legal protection to honest officers and the protective hands of the administrative and political boss that will ensure a congenial environment for an honest officer to work fearlessly and selflessly in public interest. Otherwise the honest civil servant will become an extinct species very soon.