ETHICS TEST-II MODEL ANSWER

Q1a). Governance should aim for social justice and building social capital and not
merely growth and development. Comment.

APPROACH
➢ Introduction should define governance.
➢ Briefly explain the traditional concept of governance and how it has changed in present times.
➢ Explain how present day governance emphasises on social justice and building social capital.
➢ Conclusion: The present government also aim for social justice and building social capital
through slagan of ‘Sabka Sath-Sabka Vikas-Sabka Vishwas- Sabka Prayas’.
Governance is the process of decision making & decision implementation in which there is
participation of various stakeholders which can be public sector, private sector & third sector
(NGOs). Traditionally, there was system of government which exercise authority. This act of exercising
authority was known as governance.
However, concept of governance has undergone change recently. Towards 1980's and 1990's,
the concept of governance emerged with an aim to solve problems of society especially of
developing countries. World Bank defines governance as exercise of authority for management of
socio-economic resources for development. However, during this phase, governance was largely
linked with economic growth development led by western institutions.

Civil Society

Governance

Private Public sector

sector (Government)

In present times, values are more important that growth and development. Economic
growth and development are not qualitative indicators of positive change in the society.
Example-1: India is one of the fastest growing economies in the world but in terms of Human
Development Index, its score is poor.
Example-2: The most important aspect today is relation between government and people. There is
problem of legitimacy crisis and trust deficit. Like, in case of covid crisis, even if governments may have
done their best efforts but people don’t have trust or lack trust in government.
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Today, the emphasis is on improving quality of life. Quality of life comes when we build
values or bring moral aspect in governance. E.g. our PM emphasis on ease of living, which reflects
less stressful life, good quality of public service.
This requires responsibility and responsiveness in administration. Therefore, today concept
of governance seen in terms of building Trust and Socio-capital in the society.
According to Robert D. Putnam, social capital refers to "connections among individuals –
social networks and the norms of reciprocity and trustworthiness that arise from them."
Conclusion: The present government also aim for social justice and building social capital through
slagan of ‘Sabka Sath-Sabka Vikas-Sabka Vishwas- Sabka Prayas’. This trust cannot be built without
ethics in administration and values in civil service.

Q1b). Accountability and responsibility are the two sides of the same coin for
effective public service. Elucidate.

APPROACH
➢ Introduction should define accountability and responsibility.
➢ Mention the differences between two.
➢ Explain how accountability and responsibility are complimentary and reinforce each other
➢ Conclusion: As responsibility is internal, there is need to promote values in civil services so as
to ensure responsible behaviour by civil servants for effective public service.

Accountability can be defined as answerability of person for his/her actions. It is more of a

formal concept based on laws, rules and procedures. It is upheld by external mechanisms. While
responsibility is an informal concept which come from within the human being. It is based on moral
check by conscience of person.

ACCOUNTABILITY RESPONSIBILITY
• Accountability is the condition, wherein a • Responsibility is the state of having duty,
person is expected to take ownership of one's to do whatever it takes to complete the
actions or decisions. task.
• Answerability for the consequence of the task. • Obligation to perform the delegated task.
• It is external. • It is internal. (it comes from within)
• It is formal concept. • It is informal concept.
• The flow of accountability is bottom-up, as the • The flow of responsibility is top-down, as
subordinate would be answerable to the the subordinate is responsible to his/her
superior for the task. senior.
Both are considered as the characteristics of ethics in governance. They are complimentary
and also reinforce each other. They have cyclic relationship.

Accountability Responsibolity

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There can be 3 types of Relationships:

Relationship Accountability Responsibility Examples
Bank officials implement demonetization &
Action ✓ ✓
take care of people.
Bank officials distributes money but do not
Action ✓ ×
take care of aged people, women.
Bank officials do not have authority but they
Action × ✓
have sense of commitment towards people.

Effective public service means proactively taking responsibility by going beyond the defined
role of civil servant.
Example: In Rajasthan, in Nagaur district, Jitendra Kumar Soni through UJAAS initiative completed
electrification in the entire district which has become a role model now and the Rajasthan
government has implemented it in the entire state. It shows that although DM is not accountable for
not having electrification in schools but he has general jurisdiction over it and shown proactiveness
and responsible behaviour to solve the problem.
Accountability & responsibility have not been equally distributed i.e. balance has not been
maintained between them. There are many such examples that responsibility is lacking and
accountability is not upheld.
Person is held accountable only when there is breach of law. There are instances that civil
servants following law in letter & not in spirit to avoid punishment. e.g. act of taking gift. It is taken
in such fashion that law is followed but it is not responsible behaviour. FIR is filed but after lot of delay.
There is no punishment for filing delayed FIR.

Conclusion: As responsibility is internal, there is need to promote values in civil services so as to

ensure responsible behaviour by civil servants for effective public service. At the same time, there is
need of actionable accountability so that civil servants are held accountable effectively for
omission/commission of certain actions/decisions.

Q2a). Public morality is a strong determinant of values in civil services. Explain.

APPROACH
➢ Introduction should briefly explain the meaning of public morality with example.
➢ Explain how public morality is a strong determinant of values in civil services by linking public
morality and civil services values.
➢ Give examples.
➢ Conclusion: Public morality is one of the strong determinant of values in civil services at the
same time, values in civil services reinforces the prevailing public morality in the society.

Public morality is sum total of individual morality. It is the prevailing level of morality in any
society. It has a collective manifestation of individual moralities.
Example-1: Indian society favours peace and harmony, tolerance in the society. However, nowadays,
one can observe that there are so many protests in the country and some of them are becoming
violent. It shows poor level of public morality in society.

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Society

Individuals
in society
Civil Servants

• Since civil service belongs to society, public morality of society will also influence the
morality of civil servants.
Example-2: If society is patriarchal, civil servants also shows patriarchal values in service. E.g.
many civil servants take dowry.
Example-3: Society promotes elitism, aristocracy, status orientation, thus it is also reflected
in civil services through elite, bureaucratic attitude.
• Within society, there is section of people who is very hard working, tolerant and have good
values. This is also reflected in civil services. E.g., some civil servants are very honest,
committed and hardworking and don’t believe in patriarchy. Kiran Bedi whatever she was,
also due to her socialization first which groomed her with a good personality. She also fought
patriarchy in police service.
• Values in civil services can have universal connotation e.g., selflessness, neutrality, integrity,
impartiality, accountability, responsibility. These can be found in civil services of all
countries. But their strength of adherence depends on public morality of that society.
Although it is public morality which is a determinant but at the same time work culture within th civil
service also strongly influences values in civil services.
Conclusion: Public morality is one of the strong determinants of values in civil services at the same
time, values in civil services reinforces the prevailing public morality in the society.

Q2b). “Power corrupts and absolute power corrupts absolutely. In the light of the
statement, analyse how discretion is responsible for the use and misuse of
powers exercised by civil servants?

APPROACH
➢ Introduction should briefly mention about how civil servants enjoy power and discretion.
➢ Explain discretion is responsible for the use and misuse of powers exercised by civil servants.
NOTE: students have tried to write only misuse, not use.
➢ Give some examples.
➢ Conclusion: Discretion is required in civil services due to nature of job. It can be minimized to
some extent but ultimately, character of civil servants is more important and decides how to
use their discretionary powers.

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Civil servants are considered as backbone of administration. They perform important

functions in public sphere which requires immense powers with freedom and discretion to take
decisions. The discretion refers to autonomy given to take decision. They are important to deal with
unforeseen situation while discharging their duties.
It is expected that civil servants while using discretion take most competent decisions by
application of their conscience and wisdom (Civil services conduct rules). Discretion has been used
by good and responsible civil servants to bring positive changes and innovative measures.
However, such discretion and freedom is misused by some civil servants for their own
interests which results into corruption, nepotism and misuse of public funds. Power leads to loose
self-control. They become power hungry. E.g. Coal scam corruption case (IAS Pooja Singhal). In fact,
it has become well-proven statement, that power corrupts.

Power + Discretion – Accountability = Corruption (ARC-II)

Use of discretion Misuse of discretion

• Kiran Bedi- Tihar Jail reforms. • H.C. Gupta
• T.N Seshan- Electoral Reforms. • IAS couple found with Rs. 100 crores.
• Prashant Nair- Operation Sulemani • Corruption in recruitment process e.g. state
• Iqbal Singh Chahal-Mumbai Model covid public service commissions.
crisis • Delay in filing FIRs by police.

Therefore, government faces moral dilemma when it wants to make administration

innovative and responsive. Whether to promote innovations through discretion to civil servants or
reduce corruption by reducing discretionary powers. Santhanam Committee on prevention (The
Committee on Prevention of Corruption, 1964) also highlighted that discretion is main basis for
corruption in administration.
The present government is taking measures to minimize discretion such as RTI, Citizen’s
Charter, e-governance. But it has resulted into reduced innovation and initiative by civil servants
although government wants and promotes bold and innovative reforms by civil servants.

Remedies:
• Promoting civil service values of integrity, probity, accountability, responsibility among the
civil servants so that they use discretion for welfare of people and not to fulfil self-interest.
• ARC-II in its report recommends to bring Civil Service Code to increase accountability of civil
servants.
• Bonafide errors through discretion can be accepted and promoted when civil servants try to
bring innovative measures.
• Government should appreciate and recognize innovative measures even if they fail to get
substantial results due to other reasons.
Conclusion: Discretion is required in civil services due to nature of job. It can be minimized to some
extent but ultimately, character of civil servants is more important and decides how to use their
discretionary powers. Therefore, strong character building should be emphasized through
socialization process. Along with that, values in civil services and ethics in governance needs to be
emphasized.

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Q3a). Ethics denotes the professional code of morality in civil service. They
constitute the moral character of civil servants. Comment.

APPROACH
➢ Introduction should briefly mention about values in civil services that work as professional
code for civil servants.
➢ Mention the 7 principles of public life given by Nolan Committee.
➢ Explain how values in civil services constitute the moral character of civil servants and guide
their conduct.
➢ Conclusion: ARC-II in its report ethics in governance has recommended new Civil Service Code
which will guide civil servants as both code of conduct as well as code of ethics.

Ethics is based on established moral standards which aims at achieving the chief-good.
Ethics for civil servants serves as professional code as it works as guide for their conduct. This eethcis
is known as civil service values. They help in formation of moral character of civil servants.
Nolan Committee gave seven principles of public life as:
1. Selflessness 5. Accountability
2. Honesty 6. Objectivity
3. Integrity 7. Leadership
4. Openness
In India, we don’t have separate code of ethics, rather we have conduct rules e.g. All India
Service (Conduct) Rules 1964 (amended in 2014). These rules specify some values such as
accountability, responsibility, neutrality, social justice etc.
Civil servants are in general guided by laws/rule/regulations on the one hand and while on the
other hand they are guided by values/ethics/conscience. These values help build moral character of
the civil servants.
• Values in civil services help build the moral character of the civil servant. This moral
character help in ethical conduct by the civil servants in day-to-day administration.
Example-1: Values of honesty and integrity restricts the civil servants from the temptations of
corruption.
• Conscience of the civil servants help in challenging situations such as ethical dilemmas faced
by civil servants. Conscience guides them in right direction and help take ethical decisions.
Example-2: Old lady not having appropriate document but is in dire need of ration. In such
situation, conscience ask civil servant to help lady by going beyond the laws and rules.
• Strong moral character helps civil servants to overcome the conflict-of-interest situation and
thus adhere to probity in governance.
• Values in civil services help civil servant to use public funds for public interest only and that
too in prudent and efficient manner.
Conclusion: ARC-II in its report ethics in governance has recommended new Civil Service Code which
will guide civil servants as both code of conduct as well as code of ethics.

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Q3b). Is there a need to protect honest civil servants? Give justification to your
view.

APPROACH
➢ Introduction should briefly mention about the perception that honest officials are punished
while corrupt officials are rewarded.
➢ Mention the safeguards available to civil servants.
➢ Give arguments why honest civil servants needs to be protected. NOTE: STUDENTS DON’T
GENERALLY WRITE WHY OF THE QUESTION. BUT, IT IS IMPORTANT TO WRITE.
➢ Challenge of deciding the threshold of harassment to consider for giving protection.
➢ Way forward: Give ARC-II recommendations.

There is general perception that honest officials are punished while corrupt officials are
rewarded. Frequent transfers of honest officers such as Tukaram Munde in Maharshtra, Ashok
Khemka in Haryana are examples of honest officers that are being punished.
“Honest functionaries getting demoralized and dishonest ones often going scot free.”- ARC-II
(Report on ethics in governance).

There are genuine apprehensions about the system’s ability to protect an honest public
servant. Fortunately, there are sufficient safeguards in the law and procedure to ensure protection
of an honest civil servant against baseless, mala-fide, malicious and motivated complaints. They are:
• The ‘single point directive’ which is now a statutory provision as a result of amendments made
to the Delhi Special Police Establishment Act, requires prior permission of the Union
Government for initiating investigation against an officer of the rank of a Joint Secretary and
above in the Government of India and its equivalent in the Central Public Undertakings.
• Sanction for prosecution of a public servant is required from the Government or the
appropriate authority under Section 19 of the Prevention of Corruption Act, 1988 and Section
197 of the Indian Penal Code as applicable in so far as such offences relate to and form part
of official conduct.
• Investigation within the organization itself is subject to prior approval of the Superintendent
of Police concerned in the case of CBI.
• A case under the Prevention of Corruption Act can only be registered by the Special Police
Establishment of the CBI or the anti-corruption agency of a state and not by the civil police.
• Only a special judge is competent to take cognizance of an offence of corruption.
• By virtue of the procedural instructions, CVC has to recommend sanction of prosecution to
Government in respect of civil servants coming within its jurisdiction.

While there is no doubt that honest public servants do require to be protected, it is equally
essential to assure citizens that such provisions for prior permission for investigation and sanction
for prosecution are not used as tools in the hands of Government to favour and protect corrupt
public servants. The Central Vigilance Commission has instituted a mechanism for screening cases of
public sector executives within its jurisdiction.
There is a general perception among officers and managers that anti-corruption agencies do
not fully appreciate administrative and business risks and that they tend to misinterpret the motives
where the decision has gone awry or where a loss is caused in a commercial transaction. Such a
perception is not without foundation. It is essential therefore for the investigating agencies to
establish that their actions are designed in such a way as to protect honest officers. This depends

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on the ethical standards and professional competence of the personnel manning anti-corruption
agencies. Allegations can be made by dishonest subordinates against whom the officer has initiated
disciplinary proceedings or he may have stood in the way of dishonest intentions of the corrupt
subordinate.
The crucial question is one of ensuring a balance between equality before law and
protection of an honest civil servant who has his reputation to safeguard, unlike a corrupt one. Such
a balance could be achieved by an impartial agency which would screen cases of prior permission for
investigation and sanction prosecution of public servants involved in corruption. The Second
Administrative Reforms Commission has already recommended that the Central Vigilance Commission
should be empowered to give such permission.
Even if there are safeguards, but still it has been found that or a common public perception
is that honest civil servants are harassed and persecuted. Like,
1. Ashok Khemka
2. Ashok Lavasa-an ex-election commissioner
3. HC Gupta Case
4. Frequent posting and transfers against honest duty

While it is true that the honest officials should be protected but it is challenging as how can
we decide the threshold of harassment. Also, if government start protecting officers, it may be
perceived as bias. Therefore, there is need of professional system in which investigating agencies
do not misuse their powers and government should not take politically motivated decisions.

Way forward:
ARC-II Recommendations for protecting honest officers:
1. Every allegation of corruption received through complaints or from sources cultivated by the
investigating agency against a public servant must be examined in depth at the initial stage itself
before initiating any enquiry. Every such allegation must be analyzed to assess whether the
allegation is specific, whether it is credible and whether it is verifiable. Only when an allegation
meets the requirements of these criteria, should it be recommended for verification, and the
verification must be taken up after obtaining approval of the competent authority.
2. In matters relating to allegations of corruption, open enquiries should not be taken up
straightaway on the basis of complaints/source information. When verification/secret enquiries
are approved, it should be ensured that secrecy of such verifications is maintained and the
verifications are done in such a manner that neither the suspect officer nor anybody else comes
to know about it. Such secrecy is essential not only to protect the reputation of innocent and
honest officials but also to ensure the effectiveness of an open criminal investigation.
3. The evaluation of the results of verification/enquiries should be done in a competent and just
manner.
4. Capacity building in the anti-corruption agencies should be assured through training and by
associating the required experts during enquiries/ investigations.
5. Capacity building among public servants who are expected to take commercial / financial
decisions should be built through suitable training programmes.

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Q3c). Should a civil servant refuse to act on the order of a superior if he/she finds
that the order is clearly against the letter and spirit of the constitution? Give
justification for your view.

APPROACH
➢ Introduction should mention about civil servant and their role in brief.
➢ Explain why they should not question the order of a superior.
➢ Also give arguments for why and when they should question.
➢ Way Forward: A civil servant must obey the orders of his superiors. However, when performing
a command which he considers illegal, he must express in writing his dissenting opinion prior
to obeying said order

Civil service is an important institution of the government tasked with policy implementation
and ensuring effective governance, rule of law and social justice.
Civil servants, in general, should follow the orders of superiors without questioning them. This is
because:
• Discipline: Bureaucratic model given by Max Weber suggests that there should be hierarchy
in the bureaucracy. This helps in creating discipline in the civil services.
• Neutrality, stability and order: If every civil servant starts questioning the order of superior
then there will be chaos and administration will not be able to function efficiently.
However, civil servant should not merely follow superior order without questioning in certain
situations such as:
• If the order is manifestly unconstitutional or illegal, the civil servant must refrain from
performing it and must make a report to that effect. The report should be submitted to
supervising authority of the person giving the order.
• When civil servant knows that the order will result into negative consequences then he/she
should politely ask to reconsider the orders by explaining reasons.
• If conscience civil servant says that order of superior involves unethical decisions then
he/she should politely reject to follow the order and be committed to constitutional values
and public interest.
• Civil servant should seek written order when superior gives oral order.
• That is, there is SOP for following order and it gives scope for even refusing orders. At times,
it has been found that civil servants have refused to act as peer order like during riots,
violence, elections, or decisions related to giving favour. For example, once in Karnataka, there
was flood and a minister order for transfer of fund under the control of deputy commissioner
but she refused to transfer the fund. She first wanted to establish a system for the proper
utilization of fund. Refusal to act also resulted into her transfer.
Way forward:
➢ A civil servant must obey the orders of his superiors. However, when performing a command
which he considers illegal, he must express in writing his dissenting opinion prior to obeying
said order, and proceed to the performance thereof without causing any delay. He must
express his dissent in writing in order to release himself from the responsibility.

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➢ Laws, conduct rules and conscience act as source of ethical guidance for civil servant in
deciding whether to follow superior order without questioning.

The Central Civil Services (Conduct) Rules, 1964 (additional information):

• Oral instructions should not, as far as possible, be issued by senior officers to their
subordinates.
• If the oral instructions are issued by any senior officer they should be confirmed by him in
writing immediately thereafter.
• If a junior officer seeks confirmation to the oral instructions given by the senior, the latter
should confirm it in writing whenever such confirmation is sought.
• A junior officer who has received oral orders from his superior officer should seek
confirmation in writing as early as practicable.

Q4a). To tackle corruption, many steps have been taken like legal, institutional and
behavioural but it seems that corruption has not seen its descending trend. Do
you agree? Substantiate your view.

APPROACH
➢ Introduction should define corruption.
➢ Mention various Legal, institutional and behavioural steps undertaken by the government to
curb corruption.
➢ Give arguments why corruption has not come down despite of above steps
➢ Way forward: Give ARC-II recommendations.

The term corruption is derived from 'corrupts' —Greek word meaning — 'to destroy'. So,
corruption is destruction of values. Corruption is considered as old as society as it is linked to human
nature. In recent times, the government has taken many steps to deal with corruption and promote
ethics in governance.

Legal, institutional and behavioural steps to curb corruption:

Legal Institutional Behavioural
• Prevention of Corruption • CVC • RTI
Act 1988 • CBI • e-governance
• Indian evidence act, IPC, • Lok Pal and Lok • Citizen Charter
OSA Ayukta • SPARROW, PROBITY & SOLVE
• All India Service (Conduct) • Perform or Perish
Rules

Why corruption has not come down despite of above steps?

• Institutional changes have come very fast but at same time behaviour changes haven't
happened with same speed. E.g. ICT is implemented but behavioural changes among the
public servants did not happen. Public servants still find some way around the ICT mechanism
to escape accountability.
• In most of corruption cases, officer haven't been punished & therefore all these conduct
rules, law & anti-corruption institutions have lost significant level of their deterrence against
corruption. At same time, honest officers are punished through hard postings (even
highlighted by ARC II in its report ‘ethics in governance’).

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• Actionable accountability is lacking. It means RTI, CC, SA is there but actions aren't there. No
mechanism to follow up.
• Manifestations of corruption are changing from small scale (retail level) corruption at
implementation level to large scale (wholesale level) at policy formulation level.
• At same time there are more & more exposure of corruption in recent times due to
institutional and behavioural steps undertaken.

Way forward:
ARC II Recommendations:
1. Minimized steps of enquiry. i.e. number of procedures & process.
2. Laws should be simplified so that they effective & adequate.
3. Article 311 should be abolished.
4. Should be Code of Ethics for civil servants & Code of Conduct for ministers.
5. Anti-Corruption laws should be amended so that there's separation between commission of
offence & amassing of wealth. Proving offence i.e. misconduct should be role of enquiry
committee agencies. But proving innocence on disproportional asset should be duty of civil
servants & if they failed to prove it, the property should be forfeited even if misconduct isn't
proved. This type of law has already been introduced in J & K and Bihar.
6. There should be Ethics commissioners to enforce good conduct & good discipline amon
legislatures.

It is not about how many steps have been taken, rather it is more about collective resolve in a society
against corruption. When there is high level of public morality problem, political corruption and crony
capitalism, in that scenario, only a strong ethical eco-system can work as strong deterrence against
corruption. It demands to adopt a Public Service Code like other western countries which adopted
code of ethics as per Nolan Committee recommendation.
Q4b). What is the conflict of interest? Explain with examples why a civil servant is
expected to avoid conflict of interest?

APPROACH
➢ Introduction should define conflict of interest.
➢ Give some examples of conflict of interest.
➢ Explain why a civil servant is expected to avoid conflict of interest.
➢ Way forward: Give measures to avoid conflict of interest.

Conflict of interest means when there is conflict between ethics in public relations and
ethics in private relation (professional commitment conflicts with personal commitment). When
person hold responsible position, he/she may often face conflict of interest.

Example-1: IAS officer’s wife is also posted in the same state and there is promotion due for her but
you are the officer who will scrutinize the proposals including your wife, then there is conflict of
interest and you should demit yourself from such duty especially in her case.
Example-2: “Revolving door” phenomenon: This describes a situation in which a public official leaves
government and subsequently takes on private employment in a sector that her or she may have
overseen, or had privileged information about, in his or her capacity as a public official.

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Why a civil servant is expected to avoid conflict of interest?

• Civil servant holds important positions in the
ARC-II has recommended that
administration. They enjoy immense power and
Conflict of interest should be
discretion. There will be many situations in daily
comprehensively covered in the Code
work where there will be conflict between public
of Ethics and in the Code of Conduct
interest and private interest. Civil servants are
for civil servants.
supposed to exhibit probity in governance, public
service motive and avoid conflict of interest.
• Civil servants take decisions related to utilization of public funds. They are supposed to utlise
these funds in prudent and efficient manner. Any conflict of interest will result in misutilization
of those funds.
• Civil servants are supposed to follow highest standards of impartiality, integrity, neutrality,
accountability and thus to follow them, they need to avoid any situation which result into loss
to government or public interest is compromised.
• They have fiduciary responsibility to uphold the trust of the people by always preferring
public intrest over private interest.
• Their post retirement activities are also regulated to check any conflict of interest during the
service. E.g. they cannot undertake commercial activities till completion of one year of
retirement.
Way forward:
Measures to avoid conflict of interest:
Ex-ante measures (to prevent conflict of interest) Ex-post measures (to punish and
deter)
• Exhibition: Disclosure of privately held interests (both • Removal: Either removal of
pecuniary and non-pecuniary), such as financial the individual from public
disclosure requirements. office or removal of the
• Recusal: The public official to recuse him- or herself from private interest. It can be
taking action on matters that bear upon a private interest done through departmental
of the official. disciplinary actions with use
• Integrity Pact between two parties involved in project. of Code of Conduct
• “Cooling-off” periods to check revolving door • Effective complaint-handling
phenomenon. mechanisms.
• Restricting access to confidential information. • Criminal sanctions
• Code of Ethics

Q5a). What do you understand by the term fiduciary responsibility? Why a civil
servant has a fiduciary responsibility to work as a public asset for society?
Argue.

APPROACH
➢ Introduction should define or explain meaning of the term fiduciary responsibility.
➢ Explain the term in detail and give example.
➢ Give arguments why a civil servant has a fiduciary responsibility to work as a public asset for
society.
➢ Conclusion: Ethics in public relations can be upheld only when civil/public servants ensure
fiduciary responsibility in their actions/behaviour.

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Fiduciary responsibility means the moral obligation of a person or an entity to act in the
best interest of its client. A fiduciary is a person or an entity entrusted with the responsibility to take
care of money or other assets of its clients. For example, the trustees of a mutual fund have a fiduciary
duty to protect and further the interests of investors.
All people holding responsible positions should behave responsibly. i.e. merely holding any
important position gives moral obligation. This is known as 'Fiduciary Responsibility' of those people
and such people should behave in a responsible way. They aren't as free as to behave as other people.
Example-1: A minister can't express a view publicly & then say it's his/her personal view.
Example-2: A leader can't say that his private life shouldn't be brought into question as his private life
is also closely observed by the followers.
A civil servant has a fiduciary responsibility to work as a public asset for society because:
• Civil service is public trust. Citizens expect civil servants to serve the public interest with
fairness and to manage public resources in prudent manner. Fair and reliable civil services
inspire public trust and create a favorable environment for businesses, thus contributing to
well-functioning markets and economic growth.
• Civil servants are the assets for society as they hold the important public positions in the
administration. Therefore, they are trustee of the society and they should uphold the trust
reposed by the people in them. Therefore, their actions/behviour should be responsible.
• Their behaviour/actions have influence on large number of people.
• If there is no fiduciary responsibility, they can easily hide behind private rights and other
excuses.
• It is expected from civil servants that they should set some high precedents or exemplary
behaviour.
• It is very difficult to distinguish public life from private life. Therefore, civil servant should
consider himself as a public asset and always give preference to public interest over private
interest.
In fact, it is expected that civil servants should go beyond their formal duty and build social capital and
work for transformation. Like, TN Seshan, if he had not considered elections as public assets he could
have not worked so hard for free and fair elections and so the Kiran Bedi or the present NSA, Ajit
Doval.
Conclusion: Ethics in public relations can be upheld only when civil/public servants ensure fiduciary
responsibility in their actions/behaviour. Civil servants and public officials are expected to maintain
and strengthen the public’s trust and confidence in government, by demonstrating the highest
standards of professional competence, efficiency, and effectiveness, upholding the Constitution and
the laws, and seeking to advance the public good at all times.

Q5b). Discuss how Kautilya’s Arthashastra can work as a major source for the
promotion of ethics in governance?

APPROACH
➢ Introduction should briefly mention about Kautilya and his work ‘Arthashastra’.
➢ Discuss Kautilya’s principles of ethics and their relevance for ethics in governance.
➢ Conclusion: Kautilya’s ethical principles are of great relevance and significance to promote
ethics in governance, integrity and probity in the administration.

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Kautilya is considered as a philosopher, economist and political scientist who knew about art
of governance. He is considered among most popular leaders in India in field of governance. He wrote
‘Arthashastra’ which means science of governance.

Kautilya’s principles of ethics and their relevance for ethics in governance:

Principles of Ethics Explanation Relevance
1. Role and duty of ➢ "The happiness of the king lies in the ➢ The PM/CM/DM
the king happiness of subject” positions in the
➢ King's happiness is not important as government have role and
happiness of people. The king should duty of the king.
be concerned about problems of ➢ They do service to the
people & solve those problems. people by solving their
➢ It is described in our Shastra that king problems and providing
should treat his subject as children & them basic facilities to live
himself as father. decent standard of life.
2. Welfare State ➢ Yogakshema: King should ensure ➢ Presently, there is high
happiness of subjects. incidence of poverty and
➢ He should take steps for welfare of backwardness. Therefore,
people. PM/CM/DM should try to
reduce poverty.
➢ ‘SabkaSaath,
SabkaVikas’.
➢ Ensuring social justice.
3. Rule of law and ➢ Even if king was source of power & He ➢ Upholding rule of law is
justice was law onto himself, still there was important responsibility
practice of rule of law & Justice. of PM / CM / DM
➢ Kautilya describes that there should (government institutions).
not be 'MatsyaNyaya' (Fish rule) (big ➢ There should be equality
Fishes should not eat smaller ones) in every aspect of work in
i.e. powerful should not exploit the government.
powerless. ➢ Government should try to
reduce economic
inequality in the country.
4. Quality/Ethics in ➢ 'Quality of administration depends ➢ Poor rank on Corruption
administration on quality of people in Perception Index.
administration'. Therefore, there ➢ Anti-corruption
was emphasis on quality of civil institutions like Lokpal,
servants. It means Kautilya gave due CVC and CBI should be
significance to morality & ethics in strengthened.
administration. ➢ Ethics paper in UPSC
➢ merit based recruitment. recruitment process for
➢ specialisation i.e. expertise. civil servants.
➢ test for morality & integrity. ➢ Code of conduct and
➢ Prajna (intelligence test IAS) Code of ethics.
➢ Vakyashakti (Communication) ➢ Lateral entry in civil
➢ He codified 40 types of services.
corruptions.

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Q6a). Explain the relevance of public service spirit, exemplary behaviour and
impartiality as civil service values.

APPROACH
➢ Introduction should briefly mention the importance of values in civil services.
➢ Explain the meaning and relevance of public service spirit, exemplary behaviour and
impartiality as civil service values.
➢ Conclusion: Civil service values of public service spirit, exemplary behaviour and impartiality
play very important role in ensuring ethics in public administration.

Values in civil services creates foundation for civil servants to in responsible and accountable
manner. They help in promoting citizen centric administration and governance.
Civil service Meaning Relevance
values
1. Public • Service motive is • The main aim of civil service is ‘service
service foundational value civil motive’ that citizen should be served with
spirit services. It provides spirit. i.e. selflessness, devotion, dedication
identity and sanctity the and commitment. There is an element of
civil services. It willingness in it.
distinguishes civil services It helps Civil servants in:
from private sector. • Increasing dedication and commitment at
• The social contract work
between state and citizens • Helps in going extra-mile for delivering
also reflects such value of public service (working beyond office hour
public service motive of the to serve people)
government towards its • Efficiency in public service.
citizen. • Vinod Rai, TN Seshan, BK Chtturvedi, TSR
Subramaniam, etc.

2. Exemplary • Exemplary behaviour is so •

Civil Servants in India are infamous for
behaviour extraordinary behavior in a Status quo, Elitist attitude.
• A Civil Servant should demonstrate
given situation that it is an
example for others to exemplary behaviour and actions at all
follow. times and show consideration and respect
to others.
• Civil servants should rise to the occasion
during challenging situation to show
exemplary behaviour. E.g. showing
uprightness despite of pressure to take
bribe.
• Iqbal Singh Chahal, Kiran Bedi, Julio
Ribeiro for eliminating Khalistan
movement.
3. Impartiality • Impartiality means non- • It is expected that civil servants should be
discrimination, being fair, non-discriminatory & apolitical in his/her
taking decision purely on policy advice & policy implementation.
the basis of merit.

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• It is a foundational value of • It also means that civil bureaucrats in

civil services. carrying out their official work, including
• It requires application of functions like procurement, recruitment,
mind. delivery of services etc., should take
decisions based on merit alone.
• Civil servants should not discriminate
citizen on basis of gender, caste, religion,
region etc.
• UPSC as recruiting agency and adhering to
the highest standards of merit and
impartiality.

Conclusion: Civil service values of public service spirit, exemplary behaviour and impartiality play
very important role in ensuring ethics in public administration and thus responsible administration.

Q6b). Good governance and the right to information are complementary to each
other. Comment.

APPROACH
➢ Introduction should mention the definition of good governance as given by World Bank.
➢ Explain how good governance and RTI are complementary to each other.
➢ Conclusion: The present government is also promoting good governance through ‘Maximum
Governance, Minimum Government’ slogan.

World Bank has defined Good Governance as “the manner in which power is exercised in
the management of a country’s economic and social resources for development”. Good in good
governance indicates some defined quality of governance.
World Bank defines good governance in terms of:
1. Efficiency, effectiveness.
2. Equity & equality.
3. Participation.
4. Transparency, Accountability, Responsibility.

Image: 8 pillars of Good Governance

Concept of good governance has following basic motives and RTI compliments to achieve them in
following manner:

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Good Governance objectives RTI

1. Corruption free governance • RTI helps to expose the corruption, scams and nexus in the
administration and thus create a deterrence against the
corrupt activities.
2. There should be democratic • People become the participants in governance process
way of governance through RTI.
• Through RTI, people can hold the executive accountable,
thus more democratic wat of governance.
3. Administration should be • As the administration know that people can question their
citizen friendly decisions/action through information received from RTI,
administration tends to be citizen friendly in their actions
and decisions.
4. Quality of service • As the quality of decisions and actions can be questions by
the people because of RTI, the administration seeks to
ensure quality of service delivery and avoid any corruption.
5. Administration should be • RTI helps in highlighting the lacunae in government
responsive to needs & decisions, response to a particular situation. Media also
problems to society highlights this and questions governments accountability.
Thus, administration becomes more responsible and
responsive to the needs and problems of the society.

In fact, RTI has been introduced as a good governance tool and if it is effectively implemented then
it has potential to improve the quality of governance. RTI promotes
1. Checks on misuse of discretions
2. Deterrence against corruption
3. Conscience-keeper
4. Efficiency, effectiveness, responsibility and responsiveness
RTI as a tool can bring transformative change. We can see how since 2006, it has become basis for
exposure of hundreds of scams big and small like Vyapam Scam.
However, even if they have complement relationship still there are also other determinants of good
governance including political governance and ethics in governance.
Conclusion: The present government is also promoting good governance through ‘Maximum
Governance, Minimum Government’ slogan wherein promotion of transparency has become an
essential part of governance.

Q7. It is a well-known fact that public organizations have complacent culture. The
employees come late and don’t work efficiently. When young officers join,
they try to bring change but they face stiff resistance from the employees as
they don’t want to change.
A young officer as the Labour Superintendent of a district tries to bring changes
in the labour department of the district. He finds that the labour inspectors
have very poor attendance and generally, they remain absent from their duty
under their jurisdictions. The Superintendent issues a formal notice for their
presence but still, it is found that they remain absent.

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The labour inspectors, instead of accepting the notice and bringing change in
behaviour, file a complaint against the Superintendent to the Head of the
Department. They also form a union and start a non-cooperation attitude
against the Superintendent in the office.
Since the Superintendent is an honest officer, his relationship with the seniors
is also not good and the junior officers have developed a good network with
the senior officers. The matter becomes worse when the Superintendent
comes to know that in their complaint, they have also included one woman
employee who belongs to the Schedule Caste. The complaint mentions that
she is harassed by the Superintendent and she doesn’t get good treatment by
him.
With such developments, it has become difficult to work in the same district
as a Labour Superintendent. Suppose you are the Labour Superintendent then,
a) What ethical dilemma you will face in the case.
b) Critically evaluate the options available with you. What option
will you adopt and why?

Answer:
The problem in the case study related to work culture and discipline. Employees are having
complacent work culture and when there is enforcement of discipline by senior official, there is hostile
behaviour by employees. Such type of work culture is often seen in government offices and
departments. To changes this, even central government has introduced some measures such as
centralized biometric attendance system to break the complacent culture.

A) ETHICAL DILEMMAS:
1. Whether the Labour Superintendent should talk to the senior officer about the complaint or
wait for the response from the senior official.
2. Whether he should deal with employees legally or try to persuade and convince them to
change their attitude and behaviour.
3. Whether to tell the woman employee to withdraw the complaint as he has not misbehaved
or she should be made realized what she has done is wrong.
Basically, the main dilemma here is whether to adopt the wait and watch approach or proactively
persuade the employees to change their attitude and improve the work culture.

B) THE OPTIONS (WRITE MINIMUM THREE OPTIONS WHICH SHOULD BE FORMAL):

1. Taking the proactive steps and try to make changes to the role and responsibilities of
employees so as to change their attitude. Also, inform the same to senior officer.
2. Let the response come from the senior officer and take actions according the that response.
3. Seek transfer from the district as it has become difficult to work in such environment in the
office.
4. Try to form the group of like-minded employees who want to work honestly and make them
as change agents in the office.

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CRITICALLY EVALUATING THE OPTIONS:

OPTION PROS CONS
1. • Taking responsibility to bring change. • There can be negative, hostile response
• Act as role model to other employees. from employees.
• Threat for maligning personal image
2. • It is as per SOP and legal process • Not taking responsibility.
• Following views of orders of seniors as • Lack of initiative and proactiveness.
they are experienced. • Response after senior takes decision
• No differences with other employees. may give enough scope for mending
decision
3. • It has become difficult to work in • Escapist attitude.
present environment • Weak character of public servant.
• Peace of mind • It may give motivation to those who
• Stability in life don’t want to change
4. • May bring change in work culture. • May take longer time to change work
• Social influence and persuasion by the culture.
change agents. • There can be conflict between honest
• A positive approach towards problems employees and status quoist.

The option 1 would be adopted as the most appropriate. Its justifications are as followed:
• Exemplary behaviour: As a good public servant, one should take pro-active steps to change
work culture which is complacent and indifferent.
• Attitudinal changes: As the attitude changes slowly and requires constant, sustained efforts
for long time period, Labour Superintendent should also continuously work for bringing
attitudinal change despite of resistance.
• After some time period, the employees will understand that Labour Superintendent will not
change and thus they will mend their ways.
• Over the period, senior officers will also come to
know about both sides and seniors can convince
employees (including woman employee) to
withdraw their complains or mend their ways. If
not, still one should not be deter by such threats
as change will never happen without some
personal cost.

Way forward: There is considerable resistance to change

the work culture in public offices. The government of
India has brought several changes to change work
culture such as:
1. A centralised bio-metric system for punctuality
and discipline
2. SPARROW, PROBITY and Solve for integrity and
performance
3. 360 degree for performance based culture
4. Perform or Perish to dismantle traditional bureaucratic attitude
5. Lateral Entry for professional behaviour

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Q8. As social audit has become a practice at the local level to enhance the quality
of public service delivery and participation of people, you as Block
Development Officer have started visiting Gram Sabhas to inspect the conduct
of the social audit.
In one such visit, you are shocked to find that the people who have gathered
for a social audit including women have no idea about why they have been
called, there is no file/paper or record to show that there used to be the
conduct of the social audit. It seems that there is no practice of social audit at
all in the Gram Sabha. People are illiterate and have hardly any awareness
about the role and function of Gram Sabha including social audit.
Suppose you are the BDO, then what would be your course of action?
Answer: Social audit is an important and innovative mechanism introduced for ensuring social
accountability of public/civil servants. The people can directly participate in the process of social
audit and raise questions on the way government scheme has been implemented in their locality.
It has been instrumental in promoting social morality. The Ministry of Rural Development is the
apex body for the implementation of social audit from MGNREGA.

COURSE OF ACTION CAN BE AS FOLLOWS:

Course of action Explanation
KNOWING AND To solve any problem, first, one must fully inform oneself and then take action.
UNDERSTANDING The given case demands to assess to scope and depth of problems like:
STAGE • Assess the extent of awareness among the people about Social Audit.
• Whether social audit is conducted in all Panchayats or not. If not, then how
many Panchayats do not conduct social audit and why.
• Assess the regularity of holding the social audit.
• Assess the level of social audit literacy.
• Assess the available the resources at local level such as SHGs, CSOs.
• The status of steps taken by Ministry of Rural Development
THE STRATEGIES Prioritization of action: Designing the tentative course of action such as who
should do what and when and how, such as:
• Social audit awareness campaign.
• Social audit standards to PRIs.
• Social audit literacy to PRI members.
• Social audit institutions, process and feedback.
• The resources available through the Ministry of Rural Development
ACTIONS STAGE • Panchayats should be given the responsibility of awareness campaign in
villages about social audit. Change agents like SHGs can play active role in
this campaign.
• Campaign in every village in the block and explaining the social audit
standards to Panchayat members.
• Identifying the group of literate people from the village and giving them
training (about financial literacy) on how to do social audit.

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• A committee can be formed in Village Panchayat to do social audit

regularly. It should involve NGOs, SHGs, teachers and other important
stakeholders.
• Feedback: Seek report from every Village Panchayat about social audit
conducted in Gram Sabha meetings. For this, use the e-Gram Sabha portal
for information sharing and publishing the best practices. Rewarding the
best social audit in the block.

Analysis: Main approach should not be to penalize village panchayats for not carrying out social
audit as it is due to lack of awareness. As a BDO, focus should be to bring social change in entire
block by taking help of civil society organizations as done in Rajasthan by Mazdoor Kisan Shakti
Sangathan (MKSS), Society for Social Audits Accountability and Transparency (SSAAT), an
autonomous body, is responsible for the conduct of social audits in the state of Telangana. One should
learn that these practices have come through gradual building up of social capital and hence, if one is
able to build strong social capital, one becomes successful in effective implementation of social audit.

Q9. Child labour still remains one of the most important social issues in India. The
governments have taken several initiatives but still it is found that it is very
rampant in some states. It is also part and parcel of the socio-economic life of
Indian society which aid child labour practices.
The governments have set up rehabilitation centers and also give monetary
help to those who are taken into custody as child labour but such interventions
are not effective. They are mired in too much processes and procedures and
the monetary help is not adequate enough to meet their family needs.
The local administration in one such district has started conducting raids
against child labour practices. In one such raid, it is found that a boy has two
sisters suffering from cancer and his father is handicapped. The entire family
is dependent on his income. His family hardship forced him to work and earn.
Suppose you are the head of the team that has conducted the raid then,
a) Discuss the ethical issues in the case.
b) Will you face any ethical dilemma? Explain.
c) Critically evaluate the options available with you. What option will you
adopt and why?
Answer:
According to data from Census 2011, the number of child labourers in India is 10.1 million of
which 5.6 million are boys and 4.5 million are girls. Despite of Constitutional and legal provisions, there
is child labour practice throughout India. It shows that it remains more as a socio-economic problem
rather than a legal problem.

a) ETHICAL ISSUES:
• Child labour robs children of their childhood. Children belong in schools not workplaces. Child
labour deprives children of their right to go to school and reinforces intergenerational cycles
of poverty.

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• Lack of social, moral and emotional developments: Child labour acts as a major barrier to
education, affecting both attendance and performance in school.
• Lack of free-will: The condition is forced on children due to socio-economic circumstances,
poverty.
• Even if legally banned but the child labour is still practiced. It shows lack of effectiveness of
legal measures and institutional machinery to implement them.
• Lack of adherence to what Theory of Justice advocates: not adequate social safety nets to
cover the health problems of the people such as health insurance coverage (two sisters
suffering from cancer and his father is handicapped).
• Lack of ethics in governance: it shows failure of governance of the state to fulfil its social
contact moral responsibility.

b) ETHICAL DILEMMA:
• Childhood Vs Livelihood: On one hand they are forced to earn livelihood due to poverty, while
due to child labour, they are robbed of their childhood.
• Should they be sent to rehabilitation centre or should be forgiven and allowed to stay with
family.
• Should raids be conducted in future as it seems to be moral problem when raids and
conducted.
• Law Vs Ethics: Whether the child should be punished according to law or should be forgiven
as the action is not deliberate.
• Compulsion vs. Free will: No child would like to work as child labour if he/she has free will.
Knowing this, should child still be punished or focus should be more social-economic
remedies.

c) THE OPTIONS (WRITE MINIMUM THREE OPTIONS WHICH SHOULD BE FORMAL):

1. After the raid, act as per the law and send the child to rehabilitation centre. Ensure
compensation money to their family.
2. Consider this as a special case and in addition to rehabilitation centre, try to help family
through government funds, crowdfunding for health treatment of family members.
3. Focus more on simplification of process to minimize the delay.
4. Undertaking socio-economic measures to bring change in that area to minimize child labour.

CRITICALLY EVALUATING THE OPTIONS:

Option Pros Cons
1. • Following established legal procedure. • There can be delay in the monetary
• Care of child at rehab while monetary help due to too many processes and
help to family members procedures.
• Critical patients at home may even die
due to want of funds.
2. • Following established legal procedure. • There may be several such cases which
• Ensure funds for quality health requires special attention.
treatment at earliest. • There may be delay in gathering and
• Shows moral duty of a civil servant disbursal of funds.
• It may appear legally inappropriate.
3. • It will reduce the time required for • The reforms in procedures may take
getting compensation money. time as approval may get delayed.

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• It will ensure health treatment along • It does not directly address the present
with child care in rehab centre. case
4. • Fighting the root cause of the problem. • It will take time and thus child labour
• Elimination of child labour in long run. will continue for time being.
• The efforts may not be adequate as the
problem is very complex and deeply
rooted in socio-economic factor

The option 2 would be adopted. Its justifications are as followed:

• Children belong to schools not workplaces. Child labour deprives children of their right to go
to school and reinforces intergenerational cycles of poverty. Child labour acts as a major
barrier to education, affecting both attendance and performance in school.
• Whatever the cause, child labour compounds social inequality and discrimination, and robs
girls and boys of their childhood. Child labour limits access to education and harms a child’s
physical, mental and social growth.
• Therefore, child labour should be seen from socio-economic perspective rather than purely
as legal problem.

Conclusion: It is moral responsibility of the state to protect vulnerable sections of the society as a
part of social contract. Children are one among those sections of society which need state protection.
Children are future of the country. If state ignores to protect them, then future of nation is bleak. Child
labour and other forms of exploitation are preventable through integrated approaches that
strengthen child protection systems as well as simultaneously addressing poverty and inequity,
improve access to and quality of education and mobilize public support for respecting children’s
rights.
A civil servant is not supposed to only act as per formal duty but also as per fiduciary responsibility.
Hence, the task should not be merely enforcement of law but ultimately rooting out child labour
practice in future so that legal enforcement is not needed at all.

Q10. After a decade-long resistance against mining activity, displacement and

deforestation, the state government gave its final go-ahead for tree felling and
initiation of mining activity in the dense forest region of the state. The final
approval allows for the non-forest use of land for the opencast coal mining
project. After the approval was granted, women of the region hugged the
trees, recreating the sentiment of the Chipko movement. According to local
activists, local authorities had faked the consent of the gram sabhas for the
mining activity and that of the Adivasis was overlooked. The deforestation and
mining will likely displace over 700 people and threaten the independence and
livelihoods of tribal communities in the area. It also includes an important
elephant migration corridor. It also encompasses the catchment area of the
important river of the state. The Union government declared the area to be
declared a ‘no-go zone’ for mining in 2009 – but mining in the area has
continued unabated only because the policy for the zone is yet to be finalised.

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a) Suppose you are the District Magistrate, then what should be your
immediate priorities and why?
b) Discuss the role and significance of various stakeholders you will seek
help from and why?
c) Discuss your course of action which will be able to not only provide
short term solutions but also be long lasting.
Answer:
The issue given in case study pertains to Jal-Jangal-Jameen and planet, profit and people which tribal
people consider very important part of their socio-cultural life and they are dependent on it for their
livelihood.

a). AS A DM, IMMEDIATE PRIORITY CAN BE AS FOLLOWS:

1. To ensure that protests are contained and people do not resort to violence for the decisions
taken by the government.
2. People should be given right information so that they do not fall prey to mis-information or
propaganda by certain anti-social elements with vested interests.
3. Convince them that their rights and livelihood would be protected

Reasons:
• The policy decisions are taken by the elected representatives of the people i.e. political
executives or the government.
• DM is responsible for maintaining law and order in the district. He cannot change the policy
decisions taken by the government. He has to implement them while ensuring law and order
in the district.
• It is also responsibility of the district administration that people receive right information
about government decisions so that there is cooperation by people to implement those
decisions by the administration.

b). STAKEHOLDER AND THEIR ROLE:

Stakeholder Role/Significance Why (Reasons)
1. Miners/mining • Taking them into confidence will • Their activity is resulting into
industry avoid any new mining in area protests; therefore, they should
which will further aggravate the be asked to maintain restraint for
protests. time being to carry out any new
mining activity.
2. Civil Society • They can be asked to persuade the • CSOs have their reach to the
Organizations protesters to calm down and ground and they are in contact
/NGOs convey them that administration with tribal people.
working in the will investigate if there is any fraud • People will listen to CSOs as they
area regarding Gram Sabah consent. are fighting for tribal people’s
cause.
3. Independent • They can provide independent • The report by independent
research study on impact of mining on the organization will create some
organization/ wildlife and ecology of the area. pressure on the government to
Wildlife change its policy decision.
institution

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4. Leader of local • He can persuade people to remain • Leader through social influence
people calm and not resort to any and persuasion can guide the
violence which will further worsen people in right direction.
the situation and weaken their
protest.

c). COURSE OF ACTION:

Actions Details

Short-term • DM should form a team of honest officials to investigate into the matter of
fake consent of Gram Sabha as alleged by tribal people.
• The team should also look into whether there is any nexus among the local
officials and Panchayat leaders.
• The team should be given a deadline to carry out investigation.
• If any illegal activity or nexus is found after investigation, the officials should
be suspended and detailed inquiry can be instituted against them.
• Send the detailed report of investigation to appropriate higher authorities for
further decision by the government on the issue.

Long-term • DM should work with all stakeholder to carry out the overall development of
the region.
• There can be promotion of government schemes like Van Dhan Yojana in the
area.
• The education and basic health services in the area can be ensured.
• Focus on social capital building in the area for sustained livelihood
• Ensure the ecological balance by protection of ecologically sensitive areas and
allowing mining only where it is legally permissible.
• Recommend to the government for adopting a policy for no-go-zone, so that,
illegal activity can be identified.

Conclusion: There are several instances in India where such protests by indigenous people happen
due to mining and large infrastructure projects in their areas. The government should understand their
concerns while taking any policy decisions. Government can balance the interests of both tribal people
and industrialists in such situation by clear policy of ‘no-go zone’ for mining.
Such areas demand sustainable approach of planet, people and profit. It can be ensured if we follow-
‘think strategically and act democratically’ which includes resolution of problems with voices of all
stakeholders. In development vs. environment conflict, people should not lose out as development
is for people.

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Q11. Sucheta loved Santosh when they were undergoing training as IAS probationer
officers at LBSNAA. After their training, they married each other and were
allotted the same state cadre. Both were posted as SDM to two subdivisions
in the same district. They both stayed together at the district HQ. The sub-
division where Santosh worked was rich in mineral resources and mining was
rampant. It was home to many rich people. Sucheta came to know that
Santosh was getting tempted by bribes offered by mining barons in the region
to overlook certain land related issues. She observed that he was bringing
home costly gifts. One day she confronted him but he told her that he was not
doing anything illegal and some rich people impressed by his working style
were being just very generous in spite of his reluctance to receive anything
from them. He was also attending parties thrown by some very rich people in
the district. Sucheta was now growing uncomfortable with Santosh’s attitude.
One day she came to know conclusively that Santosh had taken bribes from
some people. She also comes to know that the favour for which Santosh has
compromised would create a great loss to state exchequer. She is an upright
officer and has made herself a good name. If she takes a drastic step, it might
endanger her marriage.
a) What ethical dilemma Sucheta will face?
b) What should Sucheta do knowing her husband is involved in graft and
her marriage to him might get jeopardized if she takes a drastic step?
Also, give justification to your view.
Answer:

Ethical mapping/Decision Premises

• Integrity and probity in governance (Corruption)
• Values of love, trust in private relation of husband-wife
• Ethics in public relations and ethics in private relations

a). ETHICAL DILEMMA:

1. Whether to take soft approach or harsh approach on the issue of corruption by the husband.
2. Ethics in public relations (integrity, honesty) Vs ethics in private relations (love, care, trust)
3. Whether she should take decision on the basis of love for the husband or she should uphold
the integrity in the public life.
4. Dilemma of what one should do such situation: should it be ignored or really one should
become harsh

b). SUCHETA CAN TAKE FOLLOWING COURSE OF ACTION IN SUCH SITUATION:

1. First, she should try to convince him about the consequences of the actions he is taking. Try
to explain him that how this will not only jeopardize his career but also their family life and
future of their children (if any).
2. If he is not convinced, then help of family members of mentors can be taken to convince him.

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3. If still not persuaded, he can be even threatened that she will get separated if he does not
stop corrupt activities.
4. If it still goes on, then inform the appropriate authorities about his conduct.
5. She should get separated (divorce) as in future and continue her honest public life in service.

REASONS:
• Integrity public life cannot be compromised even for the sake of loved ones.
• Civil service values suggests that one should sacrifice personal life for public life.
• Following Kantian ethics, she should take decisions based on long term gains rather than
thinking of short-term loss.
• She should get separated (divorce) as in future she will face guilt, humiliation and loss of
respect from family, society and in service also.

Conclusion: Probity in public life of a civil servant is the very important and so is the character of civil
servant (Sheelam Param Bhushanam). A civil servant has to always think of public service and public
welfare and cannot priorities private life over it. If one is not able to live life as per what morality
demands, it can cause more problem and one must live life with dignity rather than a corrupt life with
a feeling of sense of guilt.
We can learn what happens to entire family when any corruption against a civil servant is exposed:
Bansal (IAS) family in Delhi- exposure of corruption resulted into commission of suicide by wife and
son and later, Mr Bansal also committed suicide. Most recently, in Punjab, when there was raid on the
premise of an IAS officer, son shot himself. Hence, we can see which life is better.

Q12. According to one report, there is quite an increase in digital workplace

harassment due to increased online-meetings and work from home. The
digital age of working has also brought a change in the meaning of the
‘workplace’. Now it is no longer the same office space shared by all.
In this context, there is a case. A complaint of sexual harassment has been
lodged by a subordinate employee against the chief management of the Bank
working in a different State of the same Bank.
In the present case, a petition was filed by the chief management of the Bank
for seeking quashing of a charge sheet issued to him by the Disciplinary
Authority of the Bank (“Authority”).
The petitioner, in this case, contends that since the petitioner and the
complainant were situated in two different States, the Authority doesn’t not
have jurisdiction in this matter. It is contended that as per the Bank’s Officer
Employees’ (Discipline and Appeal) Regulations, 1976 (“Regulations”) an
inquiry can only be initiated if sexual harassment is committed at the
workplace. Since the petitioner and the complainant were residing in different
States, a charge sheet could not have been issued to the petitioner and no
inquiry could be conducted. It is also contended that the obscene messages
sent by the petitioner to the complainant were after working hours and hence
the inquiry could not have been conducted.

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Suppose you have been given the task of representing the Disciplinary
Authority of the Bank side in the court then,
a) Discuss the ethical issues in the case.
b) The given case demands innovation in approach otherwise, the
subordinate staff would not get justice. In this light, what stand you
would take before the court that the subordinate staff can get justice?
Also, give justification for your view.
Answer:
Due to the COVID pandemic, there has been increase in the use of digital space as workspace (work-
from-home). This has completely changed the concept of what constitutes the workplace (its
definition and its area of coverage). Due to this, there has been many instances of digital workplace
harassment due to increased online-meetings and work from home.

a). Ethical issues:

• Loss of dignity and respect: The instances of digital workplace harassment show disrespect to
the dignity of women. Dignity and respect is the basic human right without which human
cannot live.
• Gender injustice: Such incidences of digital workplace harassment show gender injustice and
gender discrimination at workplace. It reflects the patriarchal society at workplace.
• Lack of workplace ethics: The instances of digital workplace harassment show poor workplace
ethics.
• Misuse of new workplace concept: Despite of ‘The Sexual Harassment of Women at
Workplace (Prevention, Prohibition and Redressal) Act, 2013’ is in place, such instances
happen frequently as people find loopholes.
• Absence of digital space ethics: The instances of digital workplace harassment show there is
absence of digital space ethics.
• Lack of morality in the male-employees as they want to take advantage of legal loopholes.

b). STAND THAT WOULD BE TAKEN BEFORE THE COURT:

There is need of broader definition of workplace. Digital workplace should also come under
the purview of workplace as defined under ‘The Sexual Harassment of Women at Workplace
(Prevention, Prohibition and Redressal) Act, 2013’. It has already been innovated by the courts.

Justification:
• As highlighted by Rajasthan High Court in the recent case of Sanjeev Mishra vs. Bank of
Baroda, in the present digital world, workplace for employees working in the bank and who
may have worked in the same branch of the bank and later on shifted to different branches,
will be treated as one work place on a digital platform regardless of the employees being
situated in different branches/States.

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• With the global shift to the work from home model owing to the on-going pandemic, more
individuals and particularly women are finding themselves vulnerable to online sexual
harassment.
• Even if obscene messages were sent by the petitioner after working hours, knowing fully well
that the complainant is an employee of the Bank holding the position of a subordinate, it
would still amount to workplace sexual harassment and prima facie would come within the
meaning of misconduct under the Regulations.
• As highlighted by the Supreme Court of India in the case of Punjab and Sind Bank & Others
vs. Mrs. Durgesh Kuwar (2021), sexual harassment of a woman at the workplace is an affront
to her fundamental rights of equality, right to live with dignity and right to practice any
profession or to carry on any occupation, trade or business.
• Therefore, it should be very clearly stated that the present case is also clear violation of
‘workplace’ as per the POSH law and hence, the said person should be punished as per law.
• It has become essential that in the era of online work and working from home, the meaning
of WORKPLACE should change and it should be encompassing to online work-space.
Conclusion: With the on-going pandemic and the work from home model here to stay, the trend of
online meetings and digital communication has amplified enormously leading to a rise in virtual/online
workplace harassment making it crucial to provide for wider protection to women. According to one
report by UNFPA, online harassment has increased. One documentary has also been made on how
women should protect themselves from online harassment. The 2 ½ minute film “Change for Positive:
Addressing Workplace Harassment, focuses on how women can protect from online harassment.
Such innovative approach is needed to promote work ethics and gender-friendly online work-space.

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