Maintain balance in prosecuting guilty, protecting innocent:SC

The Supreme Court today said there has to be a "fine balance" between prosecuting a guilty public servant and protecting an innocent officer from "vexatious, frivolous and mala fide prosecution" to enable him fearlessly discharge his duties.
The apex court's observations came while awarding compensation to a former Uttar Pradesh Indian Forest Service officer who had approached the court alleging fabrication in vigilance cases.
"Until and unless we maintain a fine balance between prosecuting a guilty officer and protecting an innocent officer from vexatious, frivolous and mala fide prosecution, it would be very difficult for the public servant to discharge his duties in free and fair manner.

"The efficiency of a public servant demands that he should be free to perform his official duties fearlessly and without any favour. The dire necessity is to fill in the existing gap by protecting the honest officers while making the corrupt officers realize that they are not above law," a bench of Justices Ranjan Gogoi and N V Ramana said.
The apex court was hearing a plea by former Indian Forest Service officer Ram Lakhan Singh who had approached it seeking compensation for being falsely implicated in vigilance cases by the Uttar Pradesh government.
Singh had contended that "because of the malicious, willful and contemptuous acts of the state (UP) and clear abuse of legal process, he and his family members had to suffer a great ordeal of mental agony and heavy financial loss, besides being defamed in the society".

The bench directed the UP government to pay an Rs 10 lakh as compensation to Singh within a period of three months for the trauma suffered by him in fighting a legal battle for about 10 years before he was discharged from the court proceedings.

The court said the protection to an honest public servant was required not only in his interest but in the larger interests of society.
The court further said that for effective functioning of
a democracy, the role of Executive is very important.
"A public servant in a democracy should be a guardian of morals. He is entrusted with higher responsibilities of a public office and they contribute their best for the just and humane society. We feel that for effective functioning of a democracy, the role of Executive is very important.

"Civil servants and public officials are expected to maintain and strengthen the public's trust and confidence by demonstrating the high standards of professional competence, efficiency and effectiveness by upholding the Constitution and rule of law, keeping in mind the advancement of public good at all times".
The bench further said that in any civilised society, the most important consideration is the welfare of the society and corruption is the biggest hindrance in that process.
"If the corrupt public servant is not punished, then it will have a negative impact on the honest public servants who will be discouraged and demoralised. Some upright officers resist corruption but they cannot alone change the system which victimises them through frequent punitive transfers, threat to their families and fabricating, foisting false cases.

"In such a scenario, until and unless we maintain a fine balance between prosecuting a guilty officer and protecting an innocent officer from vexatious, frivolous and mala fide prosecution, it would be very difficult for the public servant to discharge his duties in free and fair manner," it said.
The court said the efficiency of a public servant demands that he should be free to perform his official duties fearlessly and without any favour.
"The dire necessity is to fill in the existing gap by protecting the honest officers while making the corrupt officers realize that they are not above law. The protection to an honest public servant is required not only in his interest but in the larger interest of society," the apex court said.