Ethics Case Studies Compilation (26 to 30) | UPSC Mains: Ethics, Integrity & Aptitude PDF Download

Case-26

Q.26. Winter is the season of discontentin the city in whichP.K.Pal is Food and Civil Supplies Controller. Pal’s organization deals with all issues of essential items thatare covered under India’s Public Distribution System (PDS). He was appointed to this positioninJuly last year. Because of failure of PDSto supply100% Kerosene (SKO)to the households, he hadto face torrid time during November to February last year. Besidesnasty media comments,hehad to face demonstrations of angry housewives, which were often accompanied by beating of cooking utensils. He wants to avoid the problemthis time around. He carefully studied the supply situation.The city had 9.71 lakh ration cards. 4.75 lakh of these cardholders had no gas connection. 4.96 lakh cardholders had gas connection. The ration card holders were supplied through 865 fair price shops (FPS). SKO was distributed only through the FPS. LPG connection holders are concentrated in the economically better off areas. Thus unused kerosene could have been added to the distribution channel to fulfil the needs of lower or middle class and below poverty line (BPL) card holders. The problem was the unauthorised diversion of kerosene for other uses.Industrial users are not given permits to buy LPG because itis a subsidised item. Government didnot encourage expansion of LPG supply for industrial and commercial uses. Restaurants were not able to buy SKO because it is a subsidized item in short supply. In the circumstances, small eating joints and restaurants try to procure Kerosene illegally from PDS. There is no CNG supply in the city except for auto rickshaws and city transport buses. The real culprits of the system were the suppliers of petrol in the city and in outskirts. Those dealers particularly in the outskirts bought SKO for mixing with petrol. As the retail price of petrol ismuchhigher thanthat of PDSkerosene, adulteration ofpetrol withkerosene is profitable. The SKO was supplied by a relatively small number of wholesalers (42 only) who deployed close to 50 tankers used for supply of Kerosene in the fair price shops. Incidentally, fifteen of the SKO wholesalerswerealso owners of petrol pumps selling bothpetrol and dieselinretail inthe city and theoutskirts. Given the above broad scenario, suggest four courses of action which Pal can follow and identify the optimum course.
1. Conduct continuous raids on the premises of restaurants, petrol pumps and fair price shops.
2. Make a proposal to government to stop supplying kerosene to 4.96 lakh people who have gas connections.
3. Computerizethesystemwithbiometricidentificationof beneficiaries andintroduce GPSin thetankersofwholesalerswhichsupplykerosenetoFPSs.
4. Run a press campaign and appeal to dealers, wholesalers and restaurants to refrain from misusingthe systemmeantfor thepoor.
Ans. The first alternativewillyieldlimitedresults.It is a heavy handed administrative method which fails to tacklethe root of the issue. The problem is one of plain black marketing ona significant scale. The incentive for black marketing and adulteration will remain since government cannot increase the price of PDS kerosene. It is, therefore, necessary to consider managerial and technical means ofplugging the leakages. The second alternative will improve the situation.
A careful survey has to be done before stopping supply of kerosene to LPG connectionholders. AlthoughPal can make a recommendation togovernment,hecannottake afinaldecisionsincethis isapolicyleveldecision.Thisisnotamatter withinPal’s areaofauthority. In the given situation, Pal must think strategically to bring about fundamental changes. It is giventhat arelativelysmallnumberoftankers are involvedinkerosenedelivery fromwholesalersto FPSs.Thesetankers,insteadofdeliveringmaterialtotheFPSs,mustbeoccasionallyoff-loadingthe highlysubsidisedSKOinpetrolpumps.
Inmoderntimes,GPStechnologycanaddress thisproblem very well. Each ofthe suppliers has a list of FPSs to which hehas to supply SKO.So ifthe route ofthe tankerisfixedwellinadvanceandnotifiedbyofficialorder thentheonlytaskistomonitor whether the tanker is going to wrong places. Government can easily pass an order as condition to Wholesale supply licence that every tanker should be GPSequipped. Then only one or two persons can monitor the movements of the tankers throughout the day on screen and make sure that they follow the right path.
Attendantinstructions to drivers will also be needed or else they would make flimsy excuses to go to the wrong destination. If the diversion to petrol pumps and other industry gets significantly eliminated, the situation will improve greatly. The situation will further improve since biometric identity will ensure that no person without entitlement gets the supply. This is the best solution. Thefourthoptionmay bewellintentioned,butisunlikelytobe effective. Therearepowerful interestswho are gaining a lotfrom the malpractices. They willnotlisten to such appeals.This approach will be unrealisticand naive.

Case -27

Q.27. Director General of LBSNAA is ina dilemma ona file.The decision contexta rose in the following way. One morning, during the time probationers do horse riding, PT or Yoga, an elderly couple knocked atthedoor of course director Dr.Tripathi.The coupleweredishevelled,andwithtrembling hand the gentlemanbrought out a fax which simply read: “Dear Mr. .................. Weare extremely grievedto inform thatyour son Ramesh ChandraIRSprobationer isno more. He accidentally fell from a horse and had head injury. He was given immediate medical attention and takento hospital forthwith where hebreathed his last yesterday evening.” The fax carried the number of a connection at Deharadun. It bore no Seal of LBSNAA. Reading the fax Dr. Tripathi’s surprise and shock knew no limits. For, RameshChandra was absolutely fine and he knew that somebody had played a cruel joke with the couple and their family. LBSNAA and Dr. Tripathi lost no time in entrusting investigation on the matter to CID crimes of the then Uttar Pradesh state. Ramesh Chandra revealed that his father’s office fax number was available only fromone ofthepersonal effects he had; andthatthere was no other source.Naturally only probationers who went to his room frequently could have access to this detail. From there, locating the number from which the fax was sent, CID took only a few days to find out that Rakesh had in person gone to the telephone vendor and sent the fax. On being questioned ‘Rakesh’ admitted guilt and expressed grief. Apparently, his motive was to play some cruel joke with the family of the co-probationer. LBSNAA administration viewed this conduct of Rakesh with the seriousness it deserved, and after getting explanation to formal ‘showcase notice’ proposed ‘tough measure’ in respect of this severe misconduct. This is the matter engaging DG’s attentionnow.
Ans. In DG’s position what would you decide and why? 1. DG should recommend to Government ofIndiathat Rakesh should be summarily removed fromservice. 2. DG should recommend a moderate punishment. 3. DG should regard the whole matter as a prank,though cruel,and opine that no official rules have beenviolated. 4. DG should recommend that Rakesh should be subjected to psychological evaluation in order to determine whether it is a one-off event or reveals a deep seated malady. Prima facie (1) appears a very harsh course to adopt. As Rakesh is a probationer, it may be difficultto judge his action however deplorable as warranting outright removal from service. The course of action at (3) would not be correct since Rakesh’s action appears quite abnormal. He caused great mental agony to the elderlyparents of Ramesh Chandra.Further,his action shows an Attitude which ishighlyunbecomingof agovernmentofficial. The matterr equiresa deeperprobe. Alternative (2) is also unacceptable.Itis necessary to consider what prompted Rakeshto actin that highly impropermanner.WithoutmakingaprofessionalpsychologicalassessmentofRakesh’s personality, no recommendation should be made. The course of action at (4) is the most appropriate. Without a professional psychological assessment of Rakesh’s personality, no further action is possible. Does Rakesh’s personality contain pronounced pathological streaks? If so, can they be cured? Is the malady likely to recur or will Rakeshbe cured withproper counselling? Canhe be entrusted withresponsibilies of public office? DG should make his recommendation after getting a report covering the above issues.

Case -28

Q.28. Ramji bhai Rachchis a farmer of Uman teerth taluka of Jay bahar district and lives in a medium-sized village.He was a one time elected President of the Taluka Panchayat.Besides two married daughters Ramjibhai has a 25 year old young son Jitubhai. Being the only son of the family, Jitu bhai was pampered and became spoilt. He was arrogant, always wanted to have his way and would pick up a fight at the slightest opportunity. At the age of17,Jitubhai had got into the habit of drinking. Village elders had advised Ramjibhai about his son’s wrong doing, but Ramjibhai paid no heed to them. By the time he was 21, the people in the village talked in whispers, that Dhanjibhai Barot had been shot at by Jitubhai. While Jitubhai was arrested along with five others, it was rumoured that the major burden of the incident had been shifted on to another person. A few years later, Shanghai the money-lender, was also shot at in suspicious circumstances, which was also rumored to have been done by Jitubhai. It is known in the village that Jitubhai had cast his evil eyes on Shanabhai’s beautiful daughter and against this Shanabhai had vehemently protested. Jitubhai was arrested, but once again some of the witnesses retracted from their statements. The final turning point was the third murder, which occurred of Kalabhai, the primary schoolteacher. He was shot in the head by Jitubhai in full view of a large number of persons. This time there was no escape for Jitubhai. He was arrested and remained in jail, despite several attempts to come out. The district is represented in the state cabinet by a Minister whose constituency includes the Umanteerth Taluka. Ramjibhai happens to be a long-time political associate of the Minister who is currently very influential in the government. The present District Magistrate, Srikant Jana has directly worked under this Minister in the secretariat before he came to this district. The Minister is very well educated, Gandhian in leaning in a right of a center political party, and without any moral blemish. In fact, he had recommended Srikant’s posting as the DM. Yesterday, five MLAs of the district, met the District Magistrate, with a joint application for recommending to the government grant of parole for three months to Jitubhai since his mother died three days ago and since the ailing Ramjibhai needed his help to carry out agricultural activities. Later, the Cabinet Minister from the District called Srikant for recommending parole to Jitubhai. The Minister did not claim that Jitubhai is innocent; his pleading was restricted to the circumstances the family was passing through. The Minister’s request has created a somewhat difficult situation for Srikant. This Minister rarely intervenes in any administrative day-to-day functions. Any application received during his tour is always discussed on its merits with officials and then the officials take appropriate decisions. Which of the following courses should Srikant follow and why?
1. He should reject the request and send an adverse opinion to the government.
2. He should also tell the minister that his intervention in the matter is unwarranted.
3. He should recommend parole for three months.
4. He should recommend parole for a short period of 10 days with various precautionary conditions.
Ans. 
1. An outright rejection may not go well with the Minister. He seems decent, and well disposed towards Srikant. It may make perfect sense for Srikant to remain in the Minister’s good books if the cost of doing so is acceptable and involves no illegality or impropriety. Administrative actions, within an acceptable range, need to be pragmatic. Further, Indian law enforcement based on western rule of law and our own traditions has been soft. We are not expressing any opinion on what is desirable; we are only mentioning how our culture shapes policy and criminal jurisprudence. For these reasons, the first option is undesirable
2. This course of action will be needlessly offensive. Being public representatives, ministers have a tendency of making various recommendations. Civil servants can take their decisions after examining the matter, but there is no need to unnecessarily offend the minister.
3. This option is improper. It is tantamount to simply accepting without examination the application of Jitu Bhai.
4. Jitu Bhai can not be allowed to roam freely. First, people will get the wrong signal that criminals with political connections are privileged. Second and worse, he may try to break witnesses to his crimes as he had done earlier. He may misdirect investigation if the charge sheet under IPC is not already filed. He may even try to assault deceased Shana bhai’s daughter, who must be now more vulnerable. To prevent such possibilities the DSP and DM must be careful. Jitu Bhai is a Hindu and there are Hindu customs to follow after one loses a parent.
DM might show an inclination to recommend parole for only ten days so that social customs may be followed. This would show sensitivity and should satisfy the minister He should also make it a condition that two armed guards would accompany Jitu Bhai all the time so that he does not run away. He should also ask DSP to put plains clothes police to check if Jitu Bhai is approaching the witnesses. Circumscri bed in this way the ten days of parole may pass peacefully. 

Case-29

Q.29. Prakash Jha is the State Relief commissioner. Being earnest, he is concerned about the malpractices in the administration of relief in the State. The typical situation that recurs every year is narrated below. Many perennial rivers pass through the State. However, the State is very poorly administered; every time there is heavy rainfall in the upper catchment areas of its rivers, it reels under floods. The drainage system of the riparian areas is in shambles. If there are simultaneous heavy rain in the upper catchment and in the rural areas of the state, water cannot simply get drained out through the river system. This results in flooding and stagnation of water for weeks in the rural areas and in the submergence of cultivated crops. From such catastrophes, mischievous men have developed a notorious enterprise of making illicit gains. As soon as the news of floods is flashed in newspapers and television channels, state/ central ministers do reconnaissance of the “Flood Situation” in helicopters. Patwari Offices all over the affected districts get flooded with requests for flood relief. Even if 10% of the landmass of a village is affected, it will have literally 95 – 99% people applying for flood relief. It is only the exceptionally upright person who will not fall into the temptation of making false claims. These days, the wave of sympathy for the poor is very strong nationwide and relief packages has been extended to include more and more items such as giving cash-doles for the period of hardship, the cost for refurbishing homes, the cost for repair of residences, compensation of loss of crop and compensation for loss of sheep, goats, and cattle. The most pitiable part is that the losses are surveyed only on paper. Survey teams are not allowed to do any actual survey. The Panchayat functionaries and bullies of the village surround the small visiting survey team and compel them to write whatever they say. The poor surveyors have no choice but to record all the falsehood narrated by the villagers. In some places, the Tehsildars recognizing the problem had tried to get a systematic survey done, but they were promptly dissuaded by MLAs and other important leaders not to go against the wishes of ‘suffering masses.’ It is said that Panchayat leaders through whom the money for relief passes take a cut depending on the extent of falsehood in the claim. This being a large state with a host of MPs, the CM tries to wrest a special package every year there is a flood and often the Union Government obliges. The relief fund can be spent on repairs and rebuilding capital assets also. Jha received a forecast of heavy rains in the upper catchments next week and is wondering whether he would allow ‘business as usual or even at the cost of heavy opposition try some fundamental reform in the administration of relief that would really help the economy and indeed the poor. Which of the following action pathways would you suggest for Prakash Jha? Evaluate their merits and recommend the most desirable line of action.
1. Arrange for armed escorts for the survey teams
2. In any flood-affected district, deploy surveyors from other districts.
3. Take action against Panchayat members under the relevant laws if they encourage malpractices. 
4. Cross-check magnitude claims of relief in any village by using satellite imagery to assess the extent of submergence.
Ans. 
1. This approach treats the problem as one of law and order. It is true that survey teams are not allowed to report truthfully. But it will be difficult to spare police from their other duties. As it is, Police are understaffed. It is desirable to identify the lacunae in the system and try to find managerial and technology-based solutions. It is necessary to expose the malpractices clearly so that people will not be dissatisfied.
2. Deploying surveyors from other districts will make it harder for villagers to influence them easily. They will be outsiders. However, even outside surveyors will face intense pressure from mobs in villages bent upon gaining from the floods.
3. This alternative treats the problem as one of violation of laws. To be effective, many cases will have to be made out. But in that process, the administration will get bogged down in lengthy, time-consuming legal battles with panchayat functionaries. This will create other Problems since the administration has to work harmoniously with local self-government bodies.
4. The problem is that people are not compensated in part or whole on the basis of the actual loss suffered. Local politicians have shut out the information by ruling out real surveys. Loss Takes place mostly because of inundation of areas, swift flow of steams eroding agricultural fields, and stagnation of water in the low-lying areas.
But these days one may completely bypass surveys by human agents. If satellite imagery is procured from National Remote Sensing Agency, one can very clearly see how flooding had taken place, and how water has stagnated in a particular village. Images should be procured to cover before and after the flood situation. It is true that while interpreting images, one must allow a margin of error because the image will not give very precise details of the field.
Thus leaving for a reasonable margin of error the technology can be used to rule out false claims. For this, the staff must be also trained to interpret the satellite images. Panchayats may raise a hue and cry trying to discredit the technology. For this, the power of the technology must be demonstrated to the leaders of the panchayat. People can be warned that false claims can lead to prosecution(though no one may be prosecuted.) The political establishment can be convinced that savings from preventing malpractices can be productively used for flood mitigation works. Thus alternative 4 is the correct choice.

Case-30

Q30. 

You are a District Collector of a city which is scheduled to go to polls in a week. The responsibility to conduct fair elections has been given to you. However, suddenly your mother suffers a heart attack and has to be admitted to a hospital in your home district, which is at a distance of 250 kms from the district of your posting. Doctor informs you that she needs to be shifted in Intensive Care Unit (ICU) and her chances of survival are bleak. You are the only child and want to be with her and your family at this moment. Your plea for an emergency leave has been rejected by the Election Commission. What would you do under such circumstances?

Ans. 

I have been presented with an ethical dilemma of choosing between personal and administrative responsibilities. Under the given circumstances, both of them demand my immediate personal attention. I will try to deal with the situation in the following manner:

I will visit my mother immediately after work and then try to come back the very same day. I will ask the doctor to keep me updated about my mother’s health. I shall communicate the same to my seniors in the government and request a medical attendant to my mother. Since the distance of the hospital is only 250 kms, I will try to pay a visit to my mother during the lean phases of electoral preparation by taking due permission from election commission. In my absence to ensure that the elections are conducted peacefully, I’ll take the following steps:

I will keep the election commission informed of my absence from city after office hours.

I will ensure that my subordinates and colleagues are aware of their duties and work so that even in my absence, polls preparation and execution does not suffer.

I will keep only selected colleagues informed of my absence from the city so that the general assumption keeps prevailing that the district collector is in the city.

I will always be in constant touch with all the concerned authorities and stakeholders.

While at work I will try to be in touch with my mother so as to make her feel comfortable. During the telephonic conversation will try to comfort her that she would be well soon and also assure her that after the elections I will spend more time with her. I will try to use technological tools like Skype for video chatting with her on Internet so that she feels better. I will also request the best doctors in the district to examine my mother’s case and ensure that she receives the best medical attention and care.