Q.7. You are heading the rescue operations in an area affected by severe natural calamity. Thousands of people are rendered homeless and deprived of food, drinking water and other basic amenities. Rescue work has been disrupted by heavy rainfall and damage to supply routes. The local people are seething with anger against the delayed limited rescue operations. When your team reaches the affected area, the people there heckle and even assault some of the team members. One of pa-Ur team members is even severely injured. Faced with this crisis, some team members plead with you to call off the operations fearing threats to their life.
In such trying circumstances, what will be your response? Examine the qualities of a public servant which will be required to manage the situation.
My response in such a fervent atmosphere should be thoughtful, cogent and humane because there are various dilemmas involved. Leaving thousands unattended, when they are completely dependent on government help, would be an act of timidity and self preservation which is unbecoming of a public servant.
Morale upliftment: The primary response for me, as the head of the rescue mission, is to reorient the focus of the group towards our real objectives. Since some of them are requesting to call off the mission I need to exhort them, with examples like – During the 2014 Floods in Kashmir, when the NDRF team started rescue mission, they were pelted with stones,their boats were snached and one of them was stabbed but they did not yield and went on to rescue more than 50000 people.
Initially, when Mahatma Gandhi was marching barefoot in riot hit areas of Noakhali, his path was strewn with pieces of glass and animal excreta by the riot-affected people. Later, His unflinching courage and love for humanity created a miracle, when people themselves promised not to retaliate.
Here, the anger of people is misplaced due to the popular perception of government servants. Once, people witness self-abnegation, dedication and courage in the rescue work they will start cooperating.
Secondly, I would try to persuade people by taking help from those who are willing to cooperate, in such an exercise local leaders can also help.
Apart from this, I will try to get cooperation from the government with respect to protection of my team members so that they may not be hurt in helping the people.
Qualities required to effectively manage such situation
- Spirit of service: Since the rescue team is vulnerable to physical and verbal attacks,only some higher cause can help an officer in composed and coordinated rescue work.
- Leadership: In such circumstances,finality of any decision lies completely on the wisdom of the leader.He/She also needs to lead the team from the front; displaying personal courage and conviction.
- Empathy and Emotional Intelligence: An officer needs to have empathy and emotional intelligence for understanding the behavior of disgruntled local people otherwise one may abort the relief mission or resort to use of force-which will only heighten their anger.
- Power of persuasion: People seething with anger are reactive and short-sighted, making them agree for something requires the power of persuasion.
- Patience and Presence of mind: A Public Servant can not afford to make spontaneous decisions in such situations. Any further course of action should be guided by considerate assessment and swift thinking.
Thus, we need to have a sensitivity of the situation and not blame people for their reactions. Empathy and support is the key to rescue people in problems.
Q.8. Honesty and uprightness are the hallmarks of a civil servant. Civil servants possessing these qualities are considered as the backbone of any strong organization. In line of duty, they take various decisions, at times some become bonafide mistakes. As long as such decisions are not taken intentionally and do not benefit personally, the officer cannot be said to be guilty. Though such decisions may, at times, lead to unforeseen adverse consequences in the long-term.
In the recent past, a few instances have surfaced wherein civil servants have been implicated for bonafide mistakes. They have often been prosecuted and even imprisoned. These instances have greatly rattled the moral fibre of the civil servants.
How does this trend affect the functioning of the civil services? What measures can be taken to ensure that honest civil servants are not implicated for bonafide mistakes on their part? Justify your answer.
The role of civil servants is to take decisions which have huge ramifications on the socio-economic growth of the country. However, instances of wrongful prosecution of honest officers deeply impact the morale of honest officers. It has multiple effects on the functioning of civil services in India:
Affect on the functioning of the civil services
- Impact on decision-making of officers: Officers will be averse to expressing their views. This may further aggravate red-tapism due to fear of departmental action for their incorrect decisions.
- Hampers economic growth: With increasing private sector participation in public services, fear of prosecution may restrict honest officers to take progressive, bold and courageous decisions across sectors. Delay in taking key decisions will lead to poor governance.
- Tool to harass honest officers: Corrupt political leaders and bureaucrats may harass honest officers through baseless complaints and investigations.
- Impact on reputation of honest officers: Prosecution of honest officers leads to mental agony and heavy financial loss besides being defamed in the society.
Measures to ensure that honest civil servants are not implicated for bonafide mistakes
- Ensuring maximum transparency in administration: The key policy making decisions should be made ensuring maximum clarity and openness about how decisions are taken. This will prevent blaming select individuals for incorrect decisions.
- Legislative actions: As recommended by the Hota Committee report, amendment to Section 13(1)(d) of Prevention of Corruption Act , 1988, that deals with criminal misconduct by a public servant is a welcome step. It will protect honest civil servants from malicious prosecution and harassment.
- Reducing politicization of bureaucracy: The fear of transfers, denial of promotions, or being punished post retirement may impact decision making of officers. Ensuring fixed tenure to civil servants is a much needed step for systemic reforms in civil services.
Role of institutions:
- Approach of judiciary: In a democracy and a rapidly growing economy, courts have to make decisions with a very constructive interpretation of laws. It must clarify the distinction between corruption and wrong administrative decisions.
- IAS Association of India and other civil society groups should support and stand by honest officers undergoing wrongful prosecution.
- Creating internal oversight mechanisms: Internal enquiries in each department should consider integrity and past career record of officers before recommending for criminal investigation of bonafide decisions.
Justification
- Since every decision taken may not prove to be correct in the long run, it is unjust to prosecute honest officers for genuine mistakes. Young and aspiring civil servants should preserve the key values of honesty, impartiality and fearlessness.
- Dynamic and honest officials, who are risk-takers for the greater good, must be encouraged, not restrained. No bureaucrat or public official should be fearful for a bona fide decision.
- Officers must stick to honesty and righteousness and ultimately there is victory of right over wrong. As the national motto suggests – Satyameva Jayate: Truth alone triumphs; not falsehood.
- For ex: Former coal secretary HC Gupta who is known for his integrity and clean career record was acquitted by the Delhi High Court after CBI failed to prove the charges of criminal misconduct against him in the coal scam.
Thus, the need of the hour for the civil servants is to follow the code of ethics along with code of conduct.
Q.9. An apparel manufacturing company having large number of women employees was losing sales due to various factors. The company hired a reputed marketing executive, who increased the volume of sales within a short span of time. However, some unconfirmed reports came up regarding his indulgence in sexual harassment at the work place.
After sometime, a woman employee lodged a formal complaint to the management against the marketing executive about sexually harassing her. Faced with the company’s indifference in not taking cognizance of her grievance, she lodged an FIR with the Police.
Realizing the sensitivity and gravity of the situation, the company called the women employee to negotiate. In that she was offered a hefty sum of money to withdraw the complaint and the FIR and also give in writing that the marketing executive is not involved in this case.
Identify the ethical issues involved in this case what options are available to the women employee?
Facts of the case
- lleged sexual harassment at workplace by the marketing executive.
- Marketing executive important resource for the company as he increased sales in a short period of time.
- Company management’s indifference in not taking cognizance of the woman’s complaint.
- Company pressurizing the woman employee to withdraw the case.
Following options are available to the woman employee:
Continue with her case by taking a firm stand against the company management.
- This would give fair chance to her to prove her viewpoint in a court of law and will give her mental peace that she stood for herself.
- However, she will have to face mental agony and societal pressure in pursuing the case and may even prove detrimental for her career prospects.
Accept the negotiation offer by the company and withdraw the case.
- This may be beneficial for her career and will save her from rigorous investigation process.
- However, this would create dissonance and affect mental peace as her conscience would not allow her to accept monetary gains over self respect. Also, she would never be able to stand for herself in the future.
Resign from the company and focus on other career opportunities.
- This will let her avoid the situation and will be beneficial for her career prospects.
- However, the scars of sexual harassment will remain with her throughout her life and she will regret that she herself is responsible for denial of justice to her.
Option(1) seems to be the correct way of handling the situation. The women employee can play a leadership role. Her actions will give voice to other genuine concerns of women employees. It is her moral responsibility to come forward and show exemplary behaviour. This will not only bring self satisfaction to her but also increase her confidence and inner strength.
Also, there is a major fault of company management in giving priority to profit motives by saving the marketing executive and not forming the internal complaints committee as mandated by the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. Gandhiji considered ‘commerce without morality’ as one of the seven social sins. Thus, it is not only an individual’s fault, but an organization’s which lack values such as respect for the dignity of woman, work-culture ethics, and gender equality.
Q.10. In a modem democratic polity, there is the concept of political executive and permanent executive. Elected people’s representatives from the political executive and bureaucracy forms the permanent executive. Ministers frame policy decisions and bureaucrats execute these.
In the initial decades after independence, relationship between the permanent executive and the political executive were characterized by mutual understanding, respect and co-operation, without encroaching upon each other’s domain.
However, in the subsequent decades, the situation has changed. There are instances of the political executive insisting upon the permanent executive to follow its agenda. Respect for and appreciation of upright bureaucrats has declined. There is an increasing tendency among the political executive to get involved in routine administrative matters such as transfers, postings etc. Under this scenario, there is a definitive trend towards ‘politicization of bureaucracy’. The rising materialism and acquisitiveness in social life has also adversely impacted upon the ethical values of both the permanent executive and the political executive.
What are the consequences of this ‘politicization of bureaucracy’? Discuss.
Cooperation between elected representatives and bureaucrats is essential for democratic governance of the country. However, due to ‘politicization of bureaucracy’, there is a deterioration in the functioning of the civil services.
Values involved in the case
- Political neutrality and impartiality
- Integrity and probity
- Courage of conviction
- Following the code of conduct
- Legal responsibility
Consequences of politicization of bureaucracy
- Detrimental to moral fibre of bureaucrats: Even honest civil servants with political leanings have compulsion to take biased decisions in favour of one political group.
- Dilemma in personal v/s professional life: A bureaucrat indulged in material benefits have to compromise with his conscience or inner voice just to be in tune with outside reality, thereby disturbing his mental peace and work ethics. The person loses self respect and trust of his family and children who inculcate such inadequate values from him.
- Impact on governance system: Lack of impartiality in functioning of civil servants has direct impact on their decisions in day to day administration either in public service delivery or implementing social welfare schemes.
- Problems in chaotic situations: Difficult circumstances like communal riots demands officers with strict political neutrality. Biased decisions can lead to loss of lives and property. Hence, a civil servant must be accountable for his decisions in such situations.
- Policy paralysis: Fear of political vendetta against non-cooperative officers in the form of frequent transfers, delay in promotions, etc results in red-tapism and culture of secrecy in their decision making.
- Negative impact on civil society: Civil servants occupying top positions in the government are role models for young aspiring Indians. Their impartial attitude is detrimental to the societal ethics at large.
Therefore, a civil servant must be politically neutral. As a civil servant, one has the responsibility towards public and must adhere to constitutional principles keeping his conscience intact. His primary job is to perform Nishkama Karma (selfless and desire less duty). He must be rational, exemplary, and committed to the public cause.
Materialistic things charms anyone only for short span and in the long run person derive satisfaction by doing his job honestly and making positive contributions in the lives of others. Therefore, civil servants and even politicians should stay away from material gains.
Also, a civil servant should be ready to serve at any position at any time. Fear of transfer should not refrain a civil servant from his commitment towards public cause and larger interest of society.
Q.11. In one of the districts of a frontier state, narcotics menace has been rampant. This has resulted in money laundering, mushrooming of poppy farming, arms smuggling and near stalling of education. The system is on the verge of collapse. The situation has been further worsened by unconfirmed reports that local politicians, as well as some senior police officers, are providing surreptitious patronage to the drug mafia. At that point of time a woman police officer, known for her skills in handling such situations is appointed as Superintendent of Police to bring the situation to normalcy.
If you are the same police officer, identify the various dimensions of the crisis. Based on your understanding, suggest measures to deal with the crisis.
The situation in the aforementioned district seems daunting, with the social and administrative system inching towards a total collapse. Consequentially, the prevalence of such a scenario must be leading to wastage of human and social capital, rise in crime rates, and endangering the future prospects of the district and its people.
The district is grappling with myriad problems which have various dimensions of the crisis can be summarised as below-
- Legal dimension: The activities like money laundering,poppy farming,arms smuggling,emanating from narcotics menace, are legally prohibited under respective laws.
- Security dimension: Frontier districts in India are susceptible to subversive groups trying to undermine democracy and authority of the State. Arms smuggling and money laundering provides easy means of financing their anti-social activities.
- Social dimension: A society ridden with such maladies can never focus on education, health, development, empowerment and welfare which are the key aims of a welfare state.
- Economic dimension: Involvement of people in such activities will lead to the emergence of a black economy eating away at the vitals of a state.
- Political and administrative dimension: Allegedly, local political leaders and senior police officers are hand in glove with the drug mafia and are providing clandestine support to them- which raises the question of moral and ethical propriety.
Measures to deal with the crisis
- Since the problems have permeated through the social, political and administrative structures, my response, as a lady Superintendent of Police should be calculated, precise and swift, with long term implications in mind.
- Firstly, a thorough investigation must be conducted within the police establishment to identify the black sheep and they should be subjected to lawful punishment.
- Law enforcement: I would focus on scrupulous and strict implementation of existing laws -taking a cue from inspirational lady SP of Sonitpur district, Sanjukta Parashar, who efficiently curbed insurgency, seized tons of illegal arms and ammunition and arrested dozens involved in illegal arms racket.
- Taking help from Border Security Forces: Since my district lies in a frontier state; there is a possibility of involvement of transnational elements. For this, the police force must act in tandem with Border security personnel because with rigorous patrolling and search operations local elements can be isolated.
- Going beyond just law enforcement, I would also discuss the social dimensions of the problem with other administrative officers like District Magistrate- and suggest to involve other benign actors like NGOs, Panchayat heads etc, acting in a concerted way, for engendering education and addressing the issue holistically.
- Efforts should also be made to wean off regular farmers if involved in poppy cultivation.
India’s frontier districts need to remain economically prosperous, socially in harmony and free of illegal criminal networks because an afflicted district can have long-term adverse implications on the security, unity and integrity of India.
Q.12. In recent times, there has been an increasing concern in India to develop effective civil service ethics, code of conduct, transparency measures, ethics and integrity systems and anti-corruption agencies. In view of this, there is a need being felt to focus on three specific areas, which are directly relevant to the problems of internalizing integrity and ethics in the civil services.
Suggest institutional measures to address the above three issues.
In recent times, there is an increasing expectation from ordinary citizens, business leaders and Civil Society for higher standards of ethical behaviour and integrity in the Civil Services. To promote this, various methods like Code of Conduct, Citizen Charters, etc have been developed. However, the focus should also be on internalizing professional ethics and integrity in civil services to make it more citizen-friendly.
Values involved in the case
- Ethical integrity of civil servants.
- Probity in governance.
- Moral aptitude of civil servants.
- Accountability and responsibility.
- Transparency and citizen participation.
Specific focus issues and measures to address them
- Anticipating specific threats to ethical standards and integrity in the civil services.
- Red-tapism: Unnecessary administrative complexities to effective service delivery should be identified and removed.
- Culture of Secrecy: Decisions made by civil servants and public officials should be made as transparent and open as possible. Reasons must be given for official decisions.
- Inadequate grievance redressal System: Effective mechanisms should be put in place to ensure timely resolution of public complaints and appropriate feedback provided to the public organisations. Grievance redressal processes should be monitored so as to ensure that systems are reviewed and performance is improved.
- Biasedness and Partisan Attitude: Implementation of conduct rules and code of ethics in order to create a professional and non-partisan civil service hierarchy.
- Elitism of civil servants: Public orientation in Civil servants is crucial to increase public participation and improve public service delivery. Civil servants should be given proper training to ensure citizen-friendly behaviour.
- Strengthening the ethical competence of civil servant.
- Training and performance appraisal: This would incentivise the honest civil servants and make them role models for others to emulate.
- Reward and honours: It will infuse competition in the civil services to perform better and develop innovative solutions for public service.
- Promotion of inclusive work culture: Diluting strict hierarchy to increase the cooperation among public officials to increase the effectiveness of services.
- Social and cultural competence: This would help the civil servant to understand the diverse Indian society and perform as per the high aspirations of the public.
Developing administrative processes and practices which promote ethical values and integrity in civil services.
- Promoting accountability: Effective laws which require civil servants to give reasons for their official decisions. For eg. RTI act.
- Reducing Corruption: Punitive provision like Prevention of Corruption Act and Whistleblower Protection act, technological Interventions in the form of e-governance to remove discretion, promotion of Social Auditing etc to ensure accountability of the administrative work.
- Human Resource management strategies: Performance-based pay, Lateral Entry, Multi-Phase training will increase the efficiency and quality of public service delivery.
- Internal and External Committees: To ensure redressal of complaints and grievances of civil servants and public. This improves the work culture and aligns the behaviour of public servants to the desired civil services values.
- Code of Conduct Rules: It ensures appropriate behaviour from public servants that should be unbiased and non-partisan.
Promotion of ethical behaviour and integrity in civil servants, and revamping the public administration is critical to ensure that the policies of social welfare are implemented in true spirit. It would improve the responsiveness of public servants towards the common citizenry. Also, public trust would increase in the government setup. Greater social capital can in turn help in the promotion of ethical governance.
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