Joginder served as DM in Amarpur district for quite a few years. He was an avid bridge player. He used to play bridge regularly in the Advocates’ club. Many of his bridge partners were lawyers and became his close friends. Joginder later moved away from Amarpur, eventually joining the
Board of Revenue as a member. As a member of the board, Joginder had to hear appeals in land matters.It so happenedthat the sleepy Amarpursuddenlybecame an industrial hub. Itsland values shot up. Joginder found to his discomfiture that his close lawyer friends from the bridge circle were appearing in the cases.
What are Joginder’s options in this case?
1. He should recuse himself from cases in which his close friends appear as pleaders.
2. He should simply hear the cases.
3. He should hear the cases and lean towards his friends if their cases and those of their opponents are on par in terms of merits.
4. He should seek a transfer to another job because of the conflict of interest situation.
The first approach will be the correct one. This case involves a situation of conflict of interest. Officials have to act and decide mattersin an objectivemanner.However,personal feelings of officers may come into play in matters in which their relatives or friends appear as parties. The concerned officials are said to have a conflict of interest in such cases. They should avoid taking decisions in such cases.
As discussed above, the second option is impermissible.
The third alternative is worse than the second one. A judicial or quasi-judicial decision should be based on objective considerations i.e. facts of the case and applicable law. No personal factors or any ideas of veering to one side---except on the basis of facts and law---are admissible. This option will count as favouritism.
It is not necessary for Joginder to seek a transfer. Cases involving conflict will not be many. He can stay out of such cases.
Conduct rules seek to ensure that civil servants observe other norms of financial propriety in their personal conduct. They are not allowed to organize subscriptions or donations in any manner for any cause or purpose. They can, however, seek contributions to official funds (e.g. CM’s Relief Fund) and for assisting people hit by natural calamities or affected by other circumstances.
To prevent conflict of interest situations and to avoid possibilities of money-making through indirect means, conduct rules prohibit civil servants from accepting lavish gifts or availing hospitality fromprivategroups. There aresome exceptionswhichallowcivilservants to accept gifts up to certain limits from near relatives on religious or social events like marriages.
Civil servants have to arrange their private finances prudently. They should not get into a state of habitual indebtedness.Theycantakecarloans or houseloans if theEquatedMonthly Instalments (EMIs) are affordable. The rationale of this rule is to ensure that difficult personal finances do not tempt civil servants into improprieties.