ETHICS CASE STUDY 4 AND 5

Case Study 4:

As a DM of a home district of serving Chief Minister, you find out that a huge land scam has taken place in which close relatives of the Chief Minister are involved. The scam which you have unearthed has caused lots of financial loss to the state’s exchequer. You have been recently married to a daughter of an MLA who is known as staunch political enemy of the CM.

While you are investigating the matter for further proofs, before you make this issue public, the CM comes to know about this. He threatens you with dire consequences if you do not close the file and bury the matter silently. He threatens you with false criminal cases and CBI investigation in case you do not budge. Unfortunately, a case is pending against you regarding misuse of treasury funds, in which you haven’t done anything wrong. This case can be reopened and used against you.  However, if you stop investigation, he has assured you that you will be given a plum post in the capital.

Identify which course of action are available to you. Examine each action’s merits and demerits. Finally, explain which course of action would you follow and why?

Answer:

In this situation, the following options are available:

1. Acting as per the directions of the CM and close the file in return for the plum job and to avoid investigation

2. Carry on with the investigation to find substantiate proofs to the issue which caused loss to the exchequer. Upholding the law and constitution to which i owe my allegiance.

3. Use my father-in-law’s position to expose the current CM and share the gain of this expose with my father-in-law.

4. Report the matter in media anonymously.

Option 1:

Merits:

1. Plum post will be rewarded
2. Will be freed from the threat of CM and career will be safe

Demerits:

1. Loss to the state exchequer and ultimate sufferer would be public
2. Subversion of constitutionally mandated duty for the personal benefit
3. public image and trust will be lost

option2:

Merits:

1. upholding personal integrity,objectivity, honesty, spirit of civil service
2. unearthing such act would cause deleterious effect on others who may be indulged in similar other activities
3. bringing such issue before the public will improve trust and confidence between state machinery and public.
4. Send a strong message to the political class that honest civil servant would not succumb to their pressure tactics.

Demerits:

1. Lot of personal hardship caused in the process including false CBI inquiry.
2. Putting life and family in jeopardy

(Similarly merits and demerits in Option 3 and Option 4).

Course of action to be followed:

I would choose option 2. Investigation would be carried out as usual. Meanwhile CM should be told politely but firmly that I am performing my constitutionally mandated duties and I have no option to Go.
There is a possibility that CM’s party workers would spread message that MLA is playing vendetta politics through his in-law. So sound proofs before the public are necessary to avoid any backfire.
If CM, in the meanwhile starts any CBI investigation on my any past acts, I would welcome that as I have not done anything wrong. Even Government suspends, I would cooperate with the enquiry to prove my innocence. If necessary I would move to court for protection against harassment.
But in no case, I would close the file to avoid any personal hardship to my career and my family as it would amount to compromising on my values and ethics which civil service holds.

Case Study 5:

You have passed UPSC Civil Services exam with a very good rank and you have given first preference to IAS and your home state. You will get home cadre as you are the topper from the state and there is vacancy available under your category. A former Chief Minister, who belongs to your caste, now wants to make you his Son-in-Law.   Just like you, his daughter is also a graduate from top foreign university, she is very beautiful and as per information gathered from different sources by your parents, she is a down to earth and sweet girl.

The former Chief Minister is also the head of the political party he belongs to and there is every chance that he would become Chief Minister again if his party comes to power in next elections. Your parents are on cloud nine ever since this marriage offer has been proposed.

The former Chief Minister was jailed for few years in the past on corruption and murder charges. There are serious cases still pending against him in different courts. He is very rich.  He has only one daughter.

His family has liked you a lot for your personality and looks also. They want you to be their Son-in-Law at any cost. The girl has also liked you. Recently they have sent costly gifts to your parents, about which you were unaware of.

1) Do you think it is unethical for you to marry the girl as you are going to serve in the same state and where there are chances of you working under your future Father-in-Law? (150 Words)

2) Will you deny this marriage proposal because your father-in-law was a criminal and many cases against him are pending? Comment. (100 Words)

3) Critically examine ethical issues involved in this case study. (100 Words)

Answer:

1) Under this situation I will ready to marry the girl as she was well educated and down to earth, and my parents also like her . I don’t think that there will be any issue in this . More specifically I don not think that any one can affect integrity of job, influence my decision or take undue advantage of my position until I don’t give him the authority to do so. For a civil servant it is very important to make clear differentiation between his personal affairs and duties. And what was the guarantee that If I marry some other girl than her parents or relatives does not try to take undue advantage of my post. Here the question is related to my integrity , and I am constitutionally bound for my duty , and do so without any external pressure.

2) In this situation just by pending cases one can not consider a person criminal. It was the prerogative of court and let it decide so. And I have no authority to vanish some one image just on the basis of pending cases. As an civil servant it is very important for me that my decisions, should not be based on my prejudice. Rather than I will work accordance to law. And laws clearly revealed that no person is guilty until proven so. Also even if he is proven guilty, there is no fault with her daughter as she is down to earth and gentle. Just being a daughter of a criminal does not make her a criminal.

3) Ethical issues involved:

• Honesty: for the efficient working in future without thinking of any personal gains of postings and promotions.
• Integrity: for being honest , integrity is the prerequisite and moral strength makes a complete integrated personality having no confusions in taking decisions.
• Unbiasedness: taking decisions uprightly requires no deviations from the objectives of the decision and its impact on the greater interests of the targeted section of the society.
• Foresight: any present action could impact the future outcomes so a great vision is required instead of myopic views