ASKWB

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Is there any difference between a “Public Servant” and a “Civil Servant”?

Dear Friends,
As far as I know he/she is a “Public Servant” who is employed or assigned with the accountability to the public and, paid or remunerated by the Govt. from public money for discharge of duties in public interest. It includes all the political, judicial, defence and civil occupations. For example: PM is also a Public Servant, a Municipal Commissioner is a Public Servant, A Court Judge is a Public Servant, Defence Personnel are Public Servants, all the Govt. Employees are Public Servants.
On the other hand, a Civil Servant is Govt. official who is employed in civil occupation which is neither political nor judicial. That is to say all the Public Servants other than those who are MPs, MLAs, Municipal Commissioners/ Panchayat Members etc., Court Judges, Defence personnel (other than Civilians in Defence Service) etc. are Civil Servants. So it is evident that all Civil Servants are Public Servants but all Public Servants are not Civil Servants. Given below is the description of Public Servants as denoted in the IPC.
“Section 21 in The Indian Penal Code, 1860
21. ” Public servant”.– The words” public servant” denote a person falling under any of the descriptions hereinafter following, namely:–
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1[ Second.– Every Commissioned Officer in the Military, 2[ Naval or Air] Forces 3[ 4[ of India];
5[ Third.– Every Judge including any person empowered by law to discharge, whether by himself or as a member of any body of persons. any adjudicatory functions;]
Fourth.– Every officer of a Court of Justice 6[ (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;
Fifth.– Every juryman, assessor, or member of a panchayat assisting a Court of Justice or public servant;
Sixth.– Every arbitrator or other person to whom any cause or matter has been referred for decision or report by any Court of Justice, or by any other competent public authority;
Seventh.– Every person who holds any office by virtue of which he is empowered to place or keep any person in confinement;
Eighth.– Every officer of 7[ the Government] whose duty it is, as such officer, to prevent offences, to give information of offences, to bring offenders to justice, or to protect the public health, safety or convenience;
Ninth.– Every officer whose duty it is as such officer, to take, receive, keep or expend any property on behalf of 7[ the Government], or to make any survey, assessment or contract on behalf of 7[ the Government], or to execute any revenue- process, or to investigate, or to report, on any matter affecting the pecuniary interests of 7[ the Government], or to make. authenticate or keep any document relating to the pecuniary interests of 7[ the Government], or to prevent the infraction of any law for the protection of the pecuniary interests of 7[ the Government] 8[ ;
Tenth.– Every officer whose duty it is, as such officer, to take, receive, keep or expend any property, to make any survey or assessment or to levy any rate or tax for any secular common purpose of any village, town or district, or to make, authenticate or keep any document for the ascertaining of the rights of the people of any village, town or district;
1. Cl. First omitted by the A. O. 1950.
2. Subs. by Act 10 of 1927, s. 2 and Sch. I, for” or Naval”.
3. Subs. by the A. O. 1948, for” of the Queen while serving under any Government in British India or the Crown Representative”.
4. The words” of the Dominion” omitted by the A. O. 1950.
5. Subs. by Act 40 of 1964, s. 2, for cl. Third.
6. Ins. by s. 2, ibid.
7. Subs. by the A. O. 1950, for” the Crown”.
8. Certain words omitted by Act 40 of 1964, s. 2.
1[ Eleventh.– Every person who holds any office in virtue of which he is empowered to prepare, publish, maintain or revise an electoral roll or to conduct an election or part of an election;]
2[ Twelfth.– Every person–
(a) in the service or pay of the Government or remunerated by fees or commission for the performance of any public duty by the Government;
(b) in the service or pay of a local authority, a corporation established by or under a Central, Provincial or State Act or a Government company as defined in section 617 of the Companies Act, 1956 (1 of 1956 ).]
Illustration: A Municipal Commissioner is a public servant.
Explanation 1.– Persons falling under any of the above descriptions are public servants, whether appointed by the Government or not.
Explanation 2.– Wherever the words” public servant” occur, they shall be understood of every person who is in actual possession of the situation of a public servant, whatever legal defect there may be in his right to hold that situation.
3[ Explanation 3.– The word” election” denotes an election for the purpose of selecting members of any legislative, municipal or other public authority, of whatever character, the method of selection to which is by, or under, any law prescribed as by election.]
4[ “
Hope this would suffice!
With regards.