Q.1. You are the District Magistrate of a district. Some day while travelling on the road in your district, you find that in a certain place, the road is very congested. This leads to frequent traffic jams and causes huge discomfort to the localites. You discuss the matter in your office and you come to know that this problem has arisen due to heavy encroachment of shops on both sides of the road. The only way to broaden the road is by demolishing the encroachment. However, you are also told that these shops had been there for generations, and removing these shops would affect the livelihood of the owners. Then ordered the demolition of the illegal encroachments. Your order was welcomed by the daily commuters and many law-abiding citizens. However, a huge uproar started taking place in the city against your orders by those whose shops are to be demolished. All political parties, including the ruling party, came in support of the business community.
Which of the options should be followed by you?
1. Stop the demolition drive and let things remain as they were.
2. Carry out the demolition drive strictly as per the established law.
3. Allow the businessmen to approach the court and get stay orders.
4. Any other option available to you. Discuss with reasons.
Ans. Burglary and illegal construction of public property is one of the biggest problems in India. Police and local government officials often close their eyes and ears while inspecting illegal buildings because of corruption. Politicians also benefit from donations, large-scale voting and other forms of illicit gratification for such businessmen. Skipping, however, creates problems for commuters on a daily basis. Removing the interference will create difficulties for the business community, but it will also benefit the community as a whole. Now let's talk about the different options in this case.
1. Stopping the demolition campaign will tarnish the image of the police officer and his office. There are also allegations of corruption against the official as it is common for government officials to intimidate people into taking action against them after a bribe. So, this is not the right choice.
2. An employee must comply with the law in writing and in spirit. He should apply the law without looking at the consequences. Once you have started the demolition drive, you should take it to a logical conclusion. This is the right choice.
3. You must follow all the correct procedures before starting the demolition campaign. Performance speed is critical to the success of this type of work. You can reduce the speed of giving time to business people to go to court and get a residence permit. Such a move would tarnish the image of your office and tarnish the image of the government. This, then, is not the right choice.
4. A public servant should always consider as many options as possible. You may consult with various stakeholder representatives such as business communities, Residents Welfare Associations (RWAs) and community members to reassure them of the benefits of road widening. You can also consult with the media to highlight the problems caused by illegal construction and the benefits of widening the road to the city. This will create public support in favor of your action. If the people were to support the demolition of houses, politicians would back down, and the work of government could be carried out without hindrance.
Q.2. You are a senior engineer in a government department responsible for the construction of a national highway. You are an honest officer and you have never followed any corrupt practice in your life. However, you have always been a very obedient person who followed the instructions of your superiors. In one case you are being asked by your chief engineer to give the son of a minister who was under a lot of pressure the tender for the road construction. You have awarded the tender without following the rules and regulations because you would not refuse your manager. You have recently been appointed as the Public Information Officer (PIO) of your department. One day, you receive a request from an RTI activist, who is seeking information related to all the tender approvals you have made in the last five years. You know that if an RTI activist gets this information, you may be in big trouble.
What should you do in this situation?
1. Refuse to provide any information under RTI.
2. Provide all details except incorrect tender file information.
3. Talk to your senior engineer about this and seek his or her advice and authorization.
4. Any other method. Please correct the action.
Ans. There are well-established tendering procedures in all government departments. Any breach of procedure during the awarding of a tender is illegal, which may call for vigilant action under the Anti-Corruption Act. Although a government official is expected to follow the orders of his superior, he is not obliged to follow the orders of his superiors, especially if these are given verbally. It is also provided in the ‘rules of conduct’ that all oral instructions should be rewritten as soon as possible. All decisions made by government officials must be recorded in files that remain in the department whether the official is transferred or retired. Thus, illegal activities by government officials follow for several years after the operation. Now let's talk about the different options in this case.
1. The PIO is obliged to provide accurate legal information. Provision of information on tenders is not included under any exclusion clause provided for in the RTI Act. Therefore, non-disclosure of information may call for personal punishment under the RTI and departmental action against the officer. Therefore, this is not the right choice.
2. It is the PIO's duty to provide complete and accurate information. Deliberate withdrawal from a tender may constitute an honest and invalid procedure for non-disciplinary proceedings under the RTI Act. Such deliberate omission can be used as evidence against him. In addition, an RTI activist may file a new application or speak to the appeal authority to compel the PIO to provide certain documentation. So, this is also not the right choice.
3. The PIO may discuss the matter with anyone, but only he or she may be responsible for providing the information. Government processes often give the optional head of department — as a senior engineer — the right to award tenders to other tenderers in special cases accordingly. If the tender was valid and the breach was procedural, it could be approved by the Chief Engineer. This option may be tested.
4. The official must provide complete and accurate information. If the question is ordered based on the RTI and the matter is investigated, he or she must provide an accurate statement during the investigation. Since the officer has always been an honest officer, a minor sentence — including a warning — can be issued against him for violating procedures, which may have no long-term consequences. This is the best option.
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