SECTION B : ANSWERS TO CASE STUDIES
In the following questions, carefully study the cases presented and then answer the questions that follow:
10. A Public Information Offtcer has received an application under RTI Act. Having gathered the information, the PIO discovers that the information pertains to some of the decisions taken by him, which were found to be not altogether right. There were other employees also who were party to these
decisions. Disclosure of the information is likely to lead to disciplinary action with possibility of punishment against him as well as some of his colleagues. Non-disclose or part disclosure or camouflaged disclosure of information will result into lesser punishment or no punishment.
The PIO is otherwise an honest and conscientious person but this particular decision, on which the RTI application has been ftled, turned out to be wrong. He comes to you for advice.
The following are some suggested options. Please evaluate the merits and demerits of each of the options:
1. The PIO could refer the matter to his superior offtcer and seek his advice and act strictly in accordance with the advice, even though he is not completely in agreement with the advice of the superior.
2. The PIO could proceed on leave and leave the matter to be dealt by his successor in offtce or request for transfer of the application to another PIO.
3. The PIO could weigh the consequences of disclosing the information truthfully, including the effect on his career, and reply in a manner that would not place him or his career in jeopardy, but at the same time a little compromise can be made on the contents of the information.
4. The PIO could consult his other colleagues who are party to the decision and take action as per their advice.
Also please indicate (without necessarily restricting to the above options) what you would like to advise, giving proper reasons. (20 marks| 250 words)
Ans. (1) This optionis not really available. A PIO hasto actaccording to theprovisionsof law. There is no provision for consulting bosses, though sometimes officials may sound their bosses. He has to decide the matter on his own. Under RTI Act, PIO’s decision can be appealed against. But he cannot take his superiors officially into confidence.
(2) This option makes no difference to the end result. If the information asked for does not belong to exempted categories, it has to be furnished. Whether he supplies it or someone else does it, the consequences will be the same.
(3) This option is not permissible under law. All the information sought has to be given unless it belongs to exempted category which is not the case here. He cannot tweak the information to cover or extenuate his role in the decisions.
(4) As a PIO, he has to decide the matter using his best individual judgement. He cannot consult others because the law makes him individually responsible. In other matters, officers can take the help and support of their staff. It is allowed according to government procedures.
He has to furnish the information. Thereafter if he is questioned, he should explain the circumstances under which he took the decision. He can plead that he acted in good faith on available information in public interest (225 words)
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. (20 marks |250 words)
(1) Follow the advice of the Chief Engineer and go ahead.
(2) Make an exhaustive report of the situation bringing out all facts and analysis along with your own viewpoints and seek for written orders from the Chief Engineer.
(3) Call for explanation from the Junior Engineers and issue orders to the contractor for necessary correction within targeted time.
(4) Highlight the issue so that it reaches superiors above the Chief Engineer.
(5) Considering the rigid attitude of the Chief Engineer, seek transfer from the project or report sick.
Ans. (1) This option will be improper. Executive engineer has to act in his best judgement. It is a different matter if he is overruled, by Chief Engineer (CE) when he makes a written technical submission. As the matter involves lives of people, he cannot follow the oral advice against his judgement.
(2) This is an appropriate course of action. It would have been better if he had not sought the oral advice of the chief engineer in the matter. Government work is carried out
mostly in writing on files. He should have made a report bringing out the gravity of the defects andthe attendant risks to public.
(3) This could have been done if the executive engineer had not sought the advice of the chief engineer. Having sought the advice of his boss, and got his advice, the executive engineer cannot issue a different order without informing him. He can make a written submission mentioning that the problem is too serious to be overlooked. In this submission, he should suggest that the contractor should be asked to set right the defects in time.
(4) Executive engineer should not adopt this method. By doing so, he will be breaking hierarchical discipline. He should not bypass his boss in this way.
(5) Seekingtransferwillnot solvethe probleminvolving publicsafety.Hewill be failingin his dutyifhedoesnottakeastandinthematter.Makinga falsesickreportiscalledmalingering. He has to bring all facts to the notice of Chief Engineer in writing and follow his written order. (263 words)
12. Sivakasi in Tamil Nadu is known for its manufacturing clusters on ftrecrackers and matches. The local economy of the area is largely dependent on ftrecrackers industry. It has led to tangible economic development and improved standard of living in the area.
So far as child labour norms for hazardous industries like ftrecrackers industry are concerned, International Labour Organization (ILO) has set the minimum age as 18 years. In India, however, this age is 14 years.
The units in industrial clusters of ftrecrackers can be classifted into registered and non-registered entities. One typicalunitis household-based work. Though the law is clear on the use of child labour employment norms in registered/ non-registered units, it does not include household-based works. Household- based work means children working under the supervision of their parents/ relatives. To evade child labour norms, several units project themselves as household-based works but employ children from outside. Needless to say that employing children saves the costs for these units leading to higher proftts to the owners.
On your visit to one of the units at Sivakasi, the owner takes you around the unit which has about 10-15 children below 14 years of age. The owner tells you that in his household-based unit, the children are all his relatives. You notice that several children smirk, when the owner tells you this. On deeper enquiry, you ftgure out that neither the owner nor the children are able to satisfactorily establish their relationship with each other.
(25 marks | 300 words)
(i) Bring out and discuss the ethical issues involved in the above case.
(ii) What would be your reactionafter your abovevisit?
Ans. Firecracker making is a hazardous occupation with frequent accidents leading to loss of life. The ethical problem assumes added significance since the workers are children who may not be fully alive to the risks. It is reprehensible to seek profits by exposing innocent
children to needless risks. At least parents supervising their children can be expected to take due care and precautions.
The visit clearly shows that the existing regulations are being violated. Many units are pretending to be households and taking advantage of lighter regulations for employing child labour. It is not clear whether the registered and unregistered units are following the regulations.
One lazy alternative is to let things be. After all, firecrackers are the main occupation in the local area. But this will be a totally wrong approach. Where human lives are at stake, swift action is essential.
Inthe first place, asurveyneedstobemadeofthethreecategories---registered, unregisteredand household---units. Thereafter, strict compliance with laws has to be ensured.
Children employed in each household unit should be identified. Their parents should also be identified using Aadhar cards and other reliable means. Notices should be issued to household units employing outside children, and their licenses should be cancelled. They can be allowed to function as registered or unregistered units.
These units should be asked to furnish information on the children employed. Teams from labour department and child welfare department should be formed. They should visit the units and ensure that age limits are observed.
A strict system should be created for ensuring the safety of the operations. The concerned technical organizations including disaster management authorities should lay down safety drills.
Children should be educated and trained in safety.
Disaster management plans should be prepared specific to firecracker units covering precautionary andother measures. (303 words)
13. You are heading a leading technical institute of the country The institute is planning to convene an interview panel shortly under your chairmanship for selection of the post of professors. A few days before the interview, you get a call from the Personal Secretary (PS) of a senior government functionary seeking your intervention in favour of the selection of a close relative of the functionary for this post. The PS also informs you that he is aware of the long pending and urgent proposals of your institute for grant of funds for modernization, which are awaiting the functionary’s approval. He assures you that he would get these proposals cleared.
(20 marks | 250 words)
1. What are the options available to you?
2. Evaluate each of these options and choose the option which you would adopt, giving reasons.
Ans. A head of a leading institute perhaps engaged in research in frontier or state of art technologies cannot accept the improper demand.
First, the temptation of selecting a less meritorious candidate as a quid pro quo for getting clearance for modernization proposals should not even be entertained. It is wrong morally, will damage the institute’s efficiency, and slow down nation’s technological progress.
Another option could be to rudely reject the request. But this is not desirable. Even while saying ‘no’, one can be polite and as inoffensive as possible.
Thirdly,theheadoftheinstitutecanexplainthesituationto the PS.Thedecisionwillbetaken by a panel or committeewho has to followobjectivecriteriaforselectingsuitablecandidates. Besides, the performance of the candidates in the interview will also be a factor. If the functionary’s relative does not perform well, the other members will oppose his selection. The chairman has to ensure the integrity of the selection process, and fair evaluation of candidates in the interviews. It is his duty.
Fourthly, he can mention that if the functionary’s relative performs well, he will be picked up. He has to qualifylike others based on merit. He can assure the PS that no unmeritorious candidate will be selected in preference to the functionary’s relative.
He can add that the modernization proposal should be cleared since it will benefit the institute. He has no personal stake in it.
In short, he should decide the candidature of the functionary’s relative wholly on merits in an objective manner. (258 words)
14. As a senior offtcer inthe Finance Ministry, you have access to some conftdential and crucial information about policy decisions that the Government is about to announce. These decisions are likely to have far-reaching impact on the housing and construction industry. If the builders have access to this information beforehand, they can make huge proftts. One of the builders has done a lot of quality work for the Government and is known to be close to your immediate superior, who asks you to disclose this information to the said builder. (20 marks| 250 words)
1. What are the options available to you?
2. Evaluate each of these options and choose the option which you would adopt, giving reasons.
Ans. One option could be to pass on the information to the builder. It can be argued that the builder did quality work for government and deserves to be rewarded. Another plausible argument is that officers are obliged under service discipline to obey the orders of the superior officers. Both the arguments are fallacious.
If a builder is to be rewarded for quality or timely work, it could be only in accordance with a contract. It may provide for some performance incentives. If he meets the requirements, he can be given those incentives. Other than this, no benefits are admissible.
While officers have to obey orders of superiors, they cannot obey illegal orders. Duty of obedience applies only to lawful orders. The immediate superior’s order is illegal. Some government policies are commercially sensitive. No one should divulge them prematurely to interested parties. They are made public to all at the same time through authorized official releases.
Another very risky option is to tip off the builder through a reliable third party. The premature leak of a sensitive policy, if discovered, will lead to police investigations and the officer can go to jail for divulging official secrets.
As this an open and shut case, no option other than politely refusing to follow the illegal orders is available. One may try to resort to tricks or evasive conduct such as conveying wrong information or informing the builder only after the policy becomes public. There is no point in trying these ruses. It is better to refuse upfront to divulge the matter.
15. You are the Executive Director of an upcoming InfoTech Company which is making a name for itself in themarket.
Mr. A, who is a star performer, is heading the marketing team. In a short period of one year, he has helped in doubling the revenues as well as creating high brand equity for the Company so much so that you are thinking of promoting him. However, you have been receiving information from many corners about his attitude towards the female colleagues; particularly his habit of making loose comments on women. In addition, he regularly sends indecent SMS’s to all the team members including his female colleagues.
One day, late in the evening, Mrs. X, who is one of Mr. A’s team members, comes to you visibly disturbed. She complains against the continued misconduct of Mr. A, who has been making undesirable advances towards her and has even tried to touch her inappropriately in his cabin. She tenders her resignation and leaves your offtce. (20 marks | 250 words)
1. What are the options available to you?
2. Evaluate each of these options and choose the option you would adopt, giving reasons.
Ans. One may be tempted to overlook the matter to protect company’s bottom line. Losing a critical performer may reduce its growth. Mrs. X’s services may not be that indispensable to the company. She has in any case quietly resigned and left.
As a variation on this option, the ED can call Mr. A and strictly admonish him. He may give a final warning to A to mend his ways.
He can tell him to patch up matters somehow with Mrs. X. This can be tricky. Once an officer becomes cognizant of a crime, he incurs a legal obligation to take appropriate legal steps. Otherwise, he will become culpable. Mrs. X may change her mind, and decide to fightfor justice. Then, ED willland in a legalimbroglio.
Thebasicissueinvolved in thiscase,apart fromtheobviousillegality,is moral. Bycondoning Mr. A’s conduct, ED will be acting very immorally---allowing the criminal to get away and penalizingthe victim.He has already failed in hisduty by overlookingthe misbehaviour of Mr. A.
ED should sackMr. A after taking the approval of the MD and board. No one is indispensable in any organization. He should take back the resignation of Mrs. X and reinstate her on old or better terms of service. If he is under obligation to report the matter to any authorities, he should do so. Mrs. X should be asked to file a case with police---though this will be her
choice. (249 words)