Professional Documents
Culture Documents
DAY 7
• Ethical dilemmas/ethical issues
• Integrity, probity, responsibility, discipline and leadership.
• Fiduciary responsibility and harassment of women at work place.
• Law and order, information technology and social media.
• Work culture, RTI and quality of service
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Ponder over the situation and suggest effective ways to tackle each of the
above-mentioned problems.
CASE STUDY 163 Mr. A became the Chief Minister of a state. Mr. B is the
Principal Secretary of the Industry Department. He had worked very closely
with the previous Chief Minister, a man of great development vision. A new
Industrial Policy of the state had also been put together.
Within two months of taking over, the new Chief Minister called Mr. B and
asked him to explain the status of privatization of the largest state government
enterprise. Mr. B told the Chief Minister about the privatization status and also
stated that as per the past government policy, open tendering process is
followed to select the best bid in the interest of the Government.
The Chief Minister listened to the Secretary patiently and gave two
instructions; one that the process should be completed as early as possible and
two that the undertaking should be sold to a particular business house. He told
Mr. B explicitly that he was greatly indebted to the owner of the business
house as all his election expenses had been managed by the owner of the
business house. He was, therefore, obliged to sell the Corporation to the
financier of his election.
The Principal Secretary also strongly advised the CM against bending the
standard procedure or financial rules to favour his friend because it would
reflect adversely on the State Government.
The CM was visibly annoyed. Without further discussion, he dismissed the
Secretary with the final direction to give the undertaking to the said business
house in three months and no further submission was permitted.
Suppose you are the principal secretary, then
a) Discuss the ethical dilemmas that you would face.
b) Critically evaluate the options available with you. Select the most
appropriate option and give justification.
CASE STUDY 164 There are large and glaring inefficiencies in service
delivery in India. In a study conducted recently (with co-authors from Harvard
University and the World Bank) using repeated surveys of a nationally-
representative sample of over 3,000 government-run schools across India, it
was found that on a typical working day, 25 percent of teachers in government
schools were absent from work.
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c) The PIO should partially disclose the information which is not related to
the adverse impact on health.
d) The PIO should disclose the complete information to maintain his good
record.
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3. Training doesn't have much influence as one can find some civil servants
prejudiced and stereotyped even after going through over a year of
training time.
4. The lateral entry is going further to affect the motivation and dedication
of civil servants.
Suppose you are Mr B then evaluate the above views of Mr A, giving
justification to your view.
CASE STUDY 168 Suppose Mr A is a very young civil servant who has just
joined the service three years back and he is caught red-handed taking bribe
over three lakhs by one apex investigation body of the government then what
should be the appropriate course of action.
a) He should be terminated from the service after inquiry to give a strong
message to civil servants that there is Zero-Tolerance against corruption.
or
b) He should be given a chance for reformation as he is very young and has
been a very bright student in the past representing India in speech
competitions at the international level. The investigating agency should
drop the case after giving a strict warning.
Discuss the moral dilemma in the case study and justify your course of action.
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Ponder over the situation and suggest effective ways to tackle each of the
above-mentioned problems.
CASE STUDY 171 A PIO receives an application for information under the
`RTI Act, 2005`. It turned out that the information asked for falls into three
categories viz: (information absolutely exempted); (information which can be
given to the applicant); and (information given in confidence by a Third-party).
The PIO is convinced that there is public interest involved in giving the
candidate the latter part of the information.
Meanwhile, the Head of the Public Authority puts another spin to the situation,
citing that none of the information asked for involves `exempted information
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and, hence, all of it can be given. Soon after, the applicant realized that he had
unwittingly asked for exempted information and conveyed to the PIO that he
need not be given the exempted information. But the applicant also asked for
some other information pertaining to the same organization.
a) Should the PIO go with his judgment or heed his boss? If yes, what
should he do in disclosing information or for rejecting the application or
for doing both (as applicable)?
b) What should the PIO do in view of the applicant`s revised request?
Please elaborate. Why? / How?
CASE STUDY 172 Recently, a case of alleged gang-rape has been reported
in Hathras in UP which has generated huge public outcry against the
administration for not being responsive and try to downplay the heinous crime
committed by four perpetrators. The incident happened in a farm-field and the
girl’s mother reported to police which didn’t file FIR rather a complaint was
registered which didn’t mention rape.
Since the girl was seriously injured as she was beaten and assaulted, her
treatment went for two weeks and then she died. The medical report also
confirms that she was raped.
The district administration including police refute this report and claim by
media and public that she was raped. Her body was buried by the local police
at midnight which has also been criticised that it was done without the consent
of the family.
The caste angle has further made the matter more controversial. The girl
belongs to Dalit caste and the perpetrators from higher caste, and therefore,
the latter has received support from their caste and they are also protesting
and demanding justice by refuting the claim of alleged gang-rape.
The SP of the district was transferred and suppose have been appointed as the
new SP then
a) What will be your response to the incident and the whole controversy?
b) What are the ethical issues and what should be done, so that, the victim
family gets justice?
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QUESTIONS
a) What Heinz should do?
b) How you will justify Heinz if he decides to break into the chemist shop to
steal drugs?
CASE STUDY 174 Mr. A is rushed to the hospital after being stabbed. He
arrives in casualty. Although he is bleeding heavily, he could be saved. The only
doctor on duty wants to go home, and knows that saving Mr. A will take him
an hour. He decides to let Mr. A bleed to death. Mr. A dies a few minutes later.
Mr. A mother arrives, and on learning what has happened screams at the
doctor, "You killed my son!" The doctor replies, "No I didn't. I just let him die."
Q. Analyse the conduct of doctor. [100 words]
Q. Suppose that, the reason the doctor didn't save Mr. A was that he was
already in the middle of saving Mr. B, and if he left Mr. B to save Mr. A, Mr.
B would die. Then can we consider doctor’s action ethical? [50 words]
Q. Suppose you are asked to bring some changes in the above case to make it a
case of ethical dilemma, what changes will you bring?
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CASE STUDY 176 You are the head of the HR department of a reputed IT
company. Due to application of new technology on the one hand and lack of
demand of its services in the market, on the other, the company has decided
to lay off some employees and you have been given the list of those
employees. You have been told to immediately communicate for the
termination of their job by the company which is very essential for its
efficiency and survival.
Mr. A is one such employee in the list who has been working in the company
for over 20 years. He is very efficient and loyal to the company. He has wife,
two daughters and an ailing mother who is hospitalized. The two daughters are
supposed to be married in the coming months.
Suppose you are the head of the HR department then how will you handle the
following questions?
a) Will you face any ethical dilemma? Explain.
b) Discuss the ethical issues in the case study.
c) What will you communicate to Mr. A and why?
d) Whether company decision is appropriate or it should have been different
suppose you were the head of the company?
CASE STUDY 177 Mr. Ais a new businessman and Mr. B is his one client.
Mr. A is very honest person and wants to do business by following the
philosophy of “honesty is the best policy”. He maintains all the proper records,
pays tax, etc.
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In one such business deal in which Mr. A has to pay a hefty amount, his client
Mr. B, is insisting that he will take only in cash and not cheque or online
transaction. Mr. A tries to convince him by giving the examples of the present
government efforts to boost financial system and its tax administration and
reasons for practicing clean business.
But Mr. B instead, shares his past experiences with tax-officials and many such
incidents in which even honest businessmen were harassed and implicated. He
further went on saying that how such cases were dragged in courts for years.
Basically, he is saying that government treats honest or corrupt businessmen
alike and therefore, it’s always better to be corrupt so that one can have
savings for bad times.
a) Suppose you are Mr. A then how you will deal with this situation? Will you
face any moral dilemma? Explain.
b) Suppose there is a raid on your business premise and you know that it has
been done to harass you then will you still believe in the philosophy of
“honesty is the best policy”? Give reasons in support of your argument.
c) Suppose you are a tax official then what you will advise to Mr A to clear his
dilemma?
CASE STUDY 178 Mr. A became the Chief Minister of a state. Mr. B is the
Principal Secretary of the Industry Department. He had worked very closely
with the previous Chief Minister, a man of great development vision. A new
Industrial Policy of the state had also been put together.
Within two months of taking over, the new Chief Minister called Mr. B and
asked him to explain the status of privatization of the largest state government
enterprise. Mr. B told the Chief Minister about the privatization status and also
stated that as per the past government policy, open tendering process is
followed to select the best bid in the interest of the Government.
The Chief Minister listened to the Secretary patiently and gave two
instructions; one that the process should be completed as early as possible and
two that the undertaking should be sold to a particular business house. He told
Mr. B explicitly that he was greatly indebted to the owner of the business
house as all his election expenses had been managed by the owner of the
business house. He was, therefore, obliged to sell the Corporation to the
financier of his election.
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The Principal Secretary also strongly advised the CM against bending the
standard procedure or financial rules to favour his friend because it would
reflect adversely on the State Government.
The CM was visibly annoyed. Without further discussion, he dismissed the
Secretary with the final direction to give the undertaking to the said business
house in three months and no further submission was permitted.
Suppose you are the principle secretary then will you comply to the order of
the chief minister or adopt some other courses of action? Give justification to
your stand taken.
CASE STUDY 180 Five IAS probationers reported to a state for the district
training phase. As soon as they reached the state capital, they faced protest by
some sections of the state. They were demanding that the probationers should
not be allowed for training in the state. They should be sent back.
The state has been facing anti-India protests for some time. Some people have
also died in protest and therefore, the situation is very volatile. The Chief
Secretary gets order from the Chief Minister that the probationers should go
back and report to the department of personnel, government of India, as the
state government has decided not to give them the state cadre.
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All the five belong to ‘outside’ category. In cadre allocation, a state has two
categories, namely, insider and outsider. The allocation is done by the central
government.
a) Suppose you were the Chief Secretary then what were the options
available to you?
b) Analyse the options and choose the most appropriate option, giving
reasons.
c) In such situation, what should be the appropriate stand of the central
government? Explain with reasons.
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CASE STUDY 182 Mr. A along with three of his junior officers, has been
suspended by the Home Ministry after the government found that the FCRA
(Foreign Contribution Regulations Act) licence of an NGO run by a religious
preacher was renewed by the Foreigners Division headed by Mr. A despite
several probes against the preacher for allegedly radicalising youths and
attracting them towards extremism.
Mr. A is an IAS officer who has been credited with successfully implementing
the government key projects, including e-tourist visa scheme that led to 293
per cent jump in foreign tourist arrivals in India. He was also instrumental in
making the registration process of NGOs under the FCRA completely online.
In an unprecedented move, 15 joint secretaries serving in the Ministry urged
the Home Minister to reconsider the decision to suspend senior IAS officer. Mr.
A who has been “wrongly punished” for the alleged lapses of his juniors. Mr. A
is an honest officer and such action sends “wrong signal” and is “demoralising”
for others.
Assume you are the Home Secretary then what should be your appropriate
courses of action?
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sincerity you gave him additional duties. He might get a promotion soon. One
day while leaving office after the working hours, you find him in a
compromising position with a staff member. Sensing something fishy in their
relationship, your sentiments are hurt. You never expected a devoted officer
like him to behave in such an unethical manner. You feel that he is cheating his
wife therefore it is a situation of contradiction in his personal and public life. In
his professional capacity Mr. A has never cheated you. Also, he had
accomplished all the tasks assigned to him with utmost sincerity.
What you are going to do in such a situation? Some of the options are given
below. Evaluate the merits and demerits of the given options and suggest a
course of action, giving reasons.
a) Since the matter is between two individual appears to be on the basis of
consent, no action will be taken so long as matter vitiate the work
culture.
b) You will speak to Mr. A about his conduct and seek clarification and issue
warning.
c) A show cause notice will be issued to Mr. A for seeking details and
terminating his service.
d) The matter will be reported to seniors and action will be taken as per the
advice.
CASE STUDY 185 Mrs. Ais a junior staff in one such public agency. One day
she approaches her one superior for discussion of some office related matters.
She needed to take some advice before she could proceed on the matter. The
superior was very helpful and cooperative. Gradually, she develops a friendly
relation with him and she enjoyed her work.
But for sometime she is not happy as a series of events has happened in few
days. She faced sexual harassment by her superior, she complained in the
office but there was no action and office environment has become unsafe and
unhealthy for her.
The delay on complain is due to following reasons:
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CASE STUDY 186 Mr. A is a highly renowned scientist and has earned
national and international fame for his works in the field of environment and
ecology. He has been at the helm of one of the most prestigious institution of
the country for more than four decades.
Recently, he has faced a series of complaints against sexual harassments by the
women employees of the institute. The first complaint was filed by Mrs. X on
which as per the law, ICC was set up which found him guilty, but due to delay
in further action by the institute, Mr. A got a stay order by the Tribunal through
appeal.
The institute is yet to take actions on the other two complaints. Meanwhile the
three women employees have resigned from the institute. They were also
discouraged not to file complaints.
Mrs. X approached the high court but due to non-filing of charge-sheet by
police on time which is 60 days and for serious offences 90 days. Mr A, who
had been sacked in the aftermath of the case, was legally allowed to return to
the institute.
Since the issue has affected the image of the institute and has given a wrong
message to the pursuit of gender justice, the government has asked a status
report from you as the responsible authority in the concerned ministry on the
following questions?
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a) Whether the institute has acted responsibly and swiftly to support Mrs.
case or it can be held responsible for some serious lapses?
b) Whether the governing council should have promoted Mr. A on his
return?
c) Whether the institute could have taken some steps to ensure the
continuity of the employees if they wished? What the institute should do
in long run in this regard.
d) When women file complaints against sexual harassments, they have to
face ordeal and hardship, the case is delayed, and therefore, it may be
difficult for them to support financially and morally. Whether the
institute or government has any responsibility in this regard?
Analyse the above options and give your clear view on them. In your view what
should have been the most appropriate action by the institute. Give
justification of your view.
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CASE STUDY 191 There are large and glaring inefficiencies in service
delivery in India. In a study conducted in 2003 (with co-authors from Harvard
University and the World Bank) using repeated surveys of a nationally-
representative sample of over 3,000 government-run schools and 1,500
primary health centers across India, we found that on a typical working day, 25
percent of teachers in government schools and 40 percent of medical workers
in government health clinics are absent from work.
These measures of absence are based on direct physical observation as
opposed to official records (which are often faked) and this is a bare minimum
estimate of the problem, because in many cases providers are present but not
actively working. For instance, while 25 percent of teachers were absent,
another 25-30 percent of teachers on the rolls were in school but not teaching
and so less than half of the teachers were engaged in teaching activity. Since
salaries account for over 90 percent of the non-plan budget in education,
nearly half the resources allocated to education are potentially being wasted.
The average numbers are bad enough, but the state-level variation is even
more troubling because poorer states have significantly higher levels of
provider absence in both health and education. For instance, over 70 percent
of doctors in Bihar were found to be absent, and over 70 percent of teachers in
Bihar and Jharkhand were not engaging in any teaching activity. Thus, the
states that have the greatest need for improved health and education are also
the ones where increased spending on its own is least likely to make a
significant impact on outcomes. Since salaries are the largest component of
spending, the rest of this article will focus on ways of improving incentives for
the front-line service providers such as teachers and healthcare workers.
QUESTIONS
c) What are the reasons for such work culture?
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CASE STUDY 192 Right to Service acts are part of a broader rights-based
approach to social policy that has rippled through India over the past decade
and a half. Many states have passed public service guarantee acts, also known
as Right to Service acts.
A state government has set up the Public Service Management Department to
oversee the implementation of the Right to Service acts and you have been
made its head. After some time you come to observe the following facts:
I. Officials often wait until towards the end of the maximum allotted time
period to complete a service. It could be that officials are creating a new
opportunity for bribes, taking money to speed the service up (especially
for time sensitive services like caste certificates that may be required for
a job or university application).
II. Lower officials did express concern about Right to Service Acts being
implemented unfairly or being distracting. For example, some said that if
there was to be a time limit for processing applications then there
should also be a limit on how many applications can be accepted. They
also felt that the fear of a penalty did make them prioritize processing
these applications, but sometimes at the expense of their other work.
What will you do in such a situation? Some of the options are given below.
Evaluate the merits and demerits of each of these options and finally suggest
what course of action you would like to take, giving reasons. [250 words] 20
a) Set up a citizen grievance redressal cell in the office.
b) Increase staff in the office
c) Install CCTV in the office and fix a limit on how many applications can be
accepted.
d) Recommend to government to scrap the act and instead take up broader
institutional reforms to enhance quality of service delivery.
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CASE STUDY 194 A teacher who has become popular among the students
for his sincerity and dedication towards teaching, caring and nurturing, has
been transferred to another school. The present school is overstaffed and
according to the rule the youngest teachers are chosen for the transfer.
Therefore, the transfer is part of usual process and based on objective teaching
hierarchy. The school he has been transferred is understaffed.
But this transfer of teacher did not go well with the students. When teacher
was about to leave the school after completing the formalities, he was held
hostage symbolically by the students. The very emotional protest by the
students became a viral news and parents of children also joined them for
protesting against the transfer order.
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Students even threatened to get SLC(school leaving certificate) and leave the
school along with the teacher.
Suppose you are the district education inspector responsible for routine
transfer of teacher for efficient utilization of workforce, then what should be
your possible courses of action?
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A RTI activist applies for information to PIO of ministry of health. Now, the PIO
is in dilemma what he should do? So far, the PIO has a good record of
disclosing information for which he has been recently appreciated.
e) The PIO should consult the higher authority and act as per the advice.
f) The PIO should refuse to disclose the information as it is sensitive and can
create law and order problem.
g) The PIO should partially disclose the information which is not related to
the adverse impact on health.
h) The PIO should disclose the complete information to maintain his good
record.
QUESTIONS
a) Is the applicant right in thinking that he can go all the way to the Supreme
Court seeking a remedy if he is not satisfied, because he thinks that the
information he is seeking pertains to a violation of his human right? Why
do you think so?
b) Is the PIO right in giving information to the applicant and taking the
applicant`s or anybody else's word about it pertaining to the violation of is
human right and giving information held by an organization notified by
the State Government as an `intelligence and security organization`?
Justify.
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