The bench held that the primary burden to bring home the charge of criminal misconduct is indubitably on the prosecution to establish beyond reasonable doubt that the public servant either himself or through anyone else had at any time during the period of his office been in possession of pecuniary resources or property disproportionate to his known sources of income and it is only on the discharge of such burden by the prosecution, if he fails to satisfactorily account for the same, he would be in law held guilty of such offence.
The Future Public Servant: a discussion paper
Goel and U. Lalit, JJ held that the expression cannot exclude High Courts. The bar is not intended to take away remedy against a crime but only to protect an innocent person against false or frivolous proceedings by a private person. It was further held that direction of the High Court is at par with the direction of an administrative superior public servant to file a complaint in writing in terms of the statutory requirement. The protection intended by the Section against a private person filing a frivolous complaint is taken care of when the High Court finds that the matter was required to be gone into in public interest.
Such direction cannot be rendered futile by invoking Section to such a situation.
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Once the High Court directs investigation into a specified offence mentioned in Section , bar under Section 1 a cannot be pressed into service. The Court, hence, remitted the matter to the High Court. Pant, JJ stated that it is difficult to come to a conclusion that the existence of criminal defamation is absolutely obnoxious to freedom of speech and expression.
The Court, after making an in depth analysis of Section IPC, held that the provision along with Explanations and Exceptions cannot be called unreasonable, for they are neither vague nor excessive nor arbitrary. The Court further said that criminal defamation which is in existence in the form of Sections and IPC, is not a restriction on right to freedom of speech and expression that can be characterized as disproportionate. Right to free speech cannot mean that a citizen can defame the other as protection of reputation is a fundamental right as well as a human right. Regarding the Section CrPC it was contended by the petitioner that except the President of India, the Vice-President of India, the Governor of a State, the Administrator of a Union territory, mention of the other public servants in the provision puts them in a different class to enable them to file a case through the public prosecutor in the Court of Session which makes the provision discriminatory.
The Court rejected the said contention and held the public servants constitute a different class as public function stands on a different footing than the private activities of a public servant.
The provision gives them protection for their official acts and there cannot be defamatory attacks on them because of discharge of their due functions. However, the Court clarified that criticism is different than defamation. As per the facts of the case, the respondent was suspended on the charges of accepting bribes in lieu of transferring a Cane Assistant.
The counsel for the respondent C. The petitioner via his counsel S. Perusing the arguments the Court observed that the Coop. Sugar Mills Ltd.
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Sivakumar, decided on Skip to content. With inputs from PTI Tweet. The Committee further welcomes the announcement regarding the extension of the category of employees who will now be required to declare their financial interests as per the Financial Disclosure Framework.
The following public servants will also be required to declare, namely; middle managers, employees in the supply chain management unit and those working in finance units, ethics officers as well as employees of the Office of the Public Service Commission who verify financial interests disclosed by Senior Management Services members. The Committee encourages the maximum use of the National Anti-Corruption Hotline NACH as it will open a direct line to authorities and will empower them to fight corruption.
One has to see through the veils, as there are many masks people wear. For a public servant, this is very important — that they understand which mask they are speaking to. If you understand that, it solves a lot of mysteries and heartbreak. The next steps are imagination, hard work, teamwork and an open mind.
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The face of government is changing — the shift is not just in geopolitical powers, but the rising powers of cities, of private sectors, of civil society. We need to rethink public service overall. How do we skill government departments to be prepared for a complex and changing future and the changing needs and lives of citizens? It needs a rethink — not just of skills and services and programs, but the type of talent and skills we recruit for.
Public servants need to be considerably more data- and tech-literate to understand the powers and opportunities afforded by emerging technology. I believe that what makes a good public servant , particularly in terms of politicians and political office-bearers, is the quality of operating from a premise of ideas and principles, not individual interests and partisan agendas. Everybody looks for the best for their families — but a civil servant looks for the best for the whole societies and countries.
We are going through a painful process of uncovering massive corruption in the South African state at the moment and, at the core, there is almost always a public servant who could not resist some form of bribe. Obviously, a bribe has to be offered before it can be accepted, but this is where integrity as a value for public servants come in. In our context, a government position often is seen as a status position, and not one of serving the public good.
The most effective public servants I have come across are those that challenge, constantly. The really effective ones collaborate with partners who will challenge the status quo, also.