Report No. 179
7.14 (h) 'public servant' (proposed section 2(h).-
The definition refers to every Minister at the Central level, (as proposed to be defined in the section 2(f)) (i.e. excluding the Prime Minister) Central Government servants, public servants in local authorities in Union Territories and Central Public Sector undertakings servants, Cooperative 93 societies or societies financed by the Central Government. The definition of 'public servant' in Clause 2 (k) of the Lok Pal and Lok Ayuktas Bill, 1969 is exhaustive ans we propose to adopt the said definition of 'public servant' as follows:
"(i) every Minister
(ii) every officer who is appointed to a public service or post in connection with the affairs of the Union,
(iii) every person in the service of,-
(A) any local authority in any Union Territory (which is notified by the Central Government in this behalf in the Official Gazette),
(B) any Corporation (not being a local authority) established by or under a Central Act and owned or controlled by the Central Government,
(C) any Government company within the meaning of section 617 of the Companies Act, 1956, in which not less than fifty-one per cent of the paid up share capital is held by the Central Government, or any company which is a subsidiary of a company in which not less 94 than fifty-one per cent of the paid up share capital is held by the Central Government,
(D) any cooperative society receiving any financial aid from the Central Government;or
(E) any society registered under the Societies Registration Act, 1860, which is subject to the control of the Central Government and which is notified by that Government in this behalf in the Official Gazette."
7.15 (i) Victimisation:(proposed section 2(i)) The Act is intended to grant 'protection' to the persons who make disclosures. Protection against victimization is provided under the proposed section 10. Under sub-section (3) of the proposed section 10, the Competent Authority is being empowered to issue appropriate directions upon complaints made under sub-section (2) of that section by all persons (other than Ministers) who are victimized. Under sub-section (4) of section 10 as proposed, the competent authority is being empowered to restore the public servant making the disclosure to the status quo ante. In that context, it is necessary to have a definition of 'victimization'.
While defining the said word, we have kept in mind the various provisions in the US Whistle Blowers Act of 1989, to which we have 95 referred in extenso in chapter VI. Under the US Law apart from dismissal from service, even withdrawal or dilution of powers and functions, reprimand or censre could be the subject matter of victimization. We are also aware that the victimization may be by the person against whom the disclosure is made or may be by another person or public authority, at the instance of the person against whom disclosure is made. In the light of the above, it is proposed to define 'victimization' as follows, in the proposed sec.2(i); "victimization" with all its grammatical variations, in relation to public servant other than a Minister, shall include-
(A) suspension pending inquiry, transfer, dilution or withdrawal of duties, powers and responsibilities, recording adverse entries in the service records, issue of memos, verbal abuse, all classes of major or minor punishment specified in the disciplinary rules, orders or regulations applicable to such public servant and such other type of harassment;
(B) any of the acts referred to in sub-clause (A) whether committed by the person against whom a disclosure is made or by any other person or public authority at his instance.