Ethics Case Study – 14 _ INSIGHTS

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    55 responses to Ethics Case Study 14

    BOOK REVI EW - A Manual Of

    Ethics - Jadunath Sinha (For GS

    Paper-4)

    Abdaal

    October 10, 2013 at 12 :03 pm

    If I am on duty , and if this is a confession made by a n accused in front of me-however inv oluntar ily , it is still inadm issible in law

    and ha s no binding force because of the provisions of the Indian Ev idence Act.

    I shall therefore adv ise Naveen in the strongest possible term s to not accept t hese kind of facilitation pay ment s because they

    v iola te h is serv ice c onduct ru les (w hi ch is not for m e to en force) as w ell th e Prev ent ion of Cor ru pti on Ac t ( wh ich is with in m y

    juri sdict ion). I shal l foll ow t hi s up w ith a n in v estig at ion someti me la ter an d if m y fri end i s seen t o persist in t hese a cti ons, I sha l

    proceed according to law again st him.

    Reply

    Ann y Middh aOctober 1 0, 2013 at 12 :11 pm

    Success in public relations deman ds intellectu al honesty an d integrity at all t imes to ma intain t he credibility of office. In the

    professional demeanor, th e moral dilem ma is balancing personal relat ions and ethica l conduct of duties.

    In the giv en situation, I am h av ing a casual lu nch with my childhood friend Naveen who is an Assistant Director while also at

    duty as DSP. Nav een has been very good at his work as citizenry is happy form his speedy serv ice and he is enjoying t he

    opportu nity to help people. So he ha s been offered gifts/ bribes, Naveen in itially resisted the sam e but la ter accepted wh ile

    carr y ing on with h is work properly. Th is shows his lack of will power.

    I hav e to deal with this situation with a good friend while I am a lso on duty- balan cing the r ole of a friend and administra tor. As

    a friend I ll tell Nav een that accepting gifts or taking bribes, ethically stands on same line. I ll recommend him to not only stop

    doing th is in future but a ccept his mistake and surrender to appropriat e auth ority . Since he accepted his mistake he can expect

    leniency from the tr ibunal bu t he should be ready to face the consequences for his mistake.

    As DSP, i ll ta ke a ct ion a s I would ha v e in case of an y an other offi cer ta kin g br ibes. I ll r eport th e m at ter to r equisite au th orit y

    and let lega l course take its due action. As a friend all i ll be able to do for his family and dependents I ll do that.

    A pu blic rel at ion offic er ha s to m eet th e v al ue sy stem of his em ploy er, society , pr ofessional code of condu ct an d self c onscien ce. In

    real life situations, it seems difficult but it is all th e more required.

    Insights sir an d others please review!

    Reply

    Anny MiddhaOctober 10, 2013 at 6 :37 pm

    Please review my answer!

    Reply

    sujitOctober 10, 2013 at 9:33 pm

    You w rote real ly nic e.

    But I doubt that any body w ill take such a n extrem e step in real life. Do one need to be so diplomatic wh ile answering ca se

    studies ?

    Reply

    RahulOctober 11 , 2013 at 1 1:12 am

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    I think for the purpose of this examina tion we ha v e to take an idealist stand becau se defending a pragm atic stan d is not

    only risky but a lso difficult. We have t o answer like a civ il servant. I doubt ev en Anny would do that in reality

    Nevertheless, it is to show the upsc that we at least know the right thing.

    Reply

    terminatorOctober 10, 2 013 at 11 :46 pm

    hi anny nice answer i m ust saybut nowhere y ou hav e mentioned about u pholding intellectual integrity .i think this

    situation checks his intelectua l and professional integr ity r ath er than h onesty just my opinion though

    Reply

    Ann y Middh aOctober 11 , 2013 at 11 :44 am

    Its easier said than done. Atleast till now i feel i can do it.

    An d term ina tor i w asn t a wa re a bout th is in tel lect ua l in teg ri ty .

    Can you please elaborate?

    Reply

    terminator

    October 11, 201 3 at 3:10 pm

    intellectu al integrit y simply mean s there should be a degree of coherence in your th oughts and val ues you uphold

    and y our action(opposite of hypocrisy).If feel th at u are h onest th an it should be reflected in y our action.If I would le

    go nav een scot free,I would be termed as hy pocrite

    Reply

    Asha Gou d

    October 10, 2013 at 1 :11 pm

    As a responsib le offic er wh o is on duty , a nd w hose du ty is to en force law, wh at wi ll y ou do to y our fri end?

    A: T he giv en sit ua ti on m ak es it v ery diffic ul t t o bal an ce both r ela tion s publ ic a nd per sonal . So I ha v e to m ak e a decisi on bet weenthe tw o. As the confession is made by m y fr iend while I am on duty it becomes my responsibility t o inform the v igilance

    departm ent and request an inquiry into the matter. I should inform my friend that even t hough he is working with full

    dedication, by accepting bribe he is making him self v ulnera ble to futu re acts of corru ption. I would adv ise him to cooperate w ith

    the v igilance departm ent inquiry and take it as a lesson and ensure it is not repeated.

    A pu blic serv an t h as t o beha v e in dut ifu l m an ner an d hi s/her pri orit y shoul d al wa y s be pu blic serv ice a nd com mitment to the

    job. It i s importan t t o ma int ai n per sonal rel at ions too but not a t c ost of in teg ri ty

    Reply

    sujitOctober 10, 2013 at 9:44 pm

    Good that y ou pointed he is making h imself vu lnerable to futu re act of corru ption. Otherwise y ou took a stand taken byalmost everybody here. Cant we be a bit practical ?

    Reply

    AMIT KUMAROctober 10, 2013 at 1 :13 pm

    As a DSP I am requi red by my dut y to a ct as soon as I get t o know of an y breac h of l aw in a ny form , in th is ca se corr upt ion. Bein

    a friend I shall explain h im, h ow taking g ifts defies the code of working et hics and is a crim inal offence. Further, I shall storngly

    adv ice him to immediat ely r eport his crime to the his regulat ing ath ority a nd surrender to police. This way I shall be able to

    help him m ore and he can ev en plead for lesser punishmen t in the court on th e grounds of accepting and reporting th e crime

    himself.

    In case he refuses, I shall follow the regul ar procedure tha t we follow in any corruption bribery ca se including ar resting him.

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    Being a friend too if I ignore my friends act, h e is likely to get motiv ated and continue wit h m ore intensity an d later on he has t

    get caught some day with ha rsher punishments. Thus, its apt to act imm ediately.

    In addittion, I shall encourage h im t o help police crack down all corrupt officials in his departm ent, th is way as a DSP I shall

    perform m y duty and as a friend I can help him to reduce his guilt and become a good example. Finally , I shall counsel his

    family, if I may , to suppot him in the right eous path.

    Reply

    Aditya JhaOctober 10, 2013 at 1 :37 pm

    Public duty comes before personal obligations and relationships. Knowing t hat Nav een has accepted bribes, i would register a

    case of corruption against him based on prima facie ev idence. But before i register the case, i would suggest and conv ince him t o

    surrender before the police. This may result in reduced.

    Here, nepotism, wh ich would mean concealing th e crime of Nav een would be uneth ical and a compromise on my integrit y . If

    ever y officer did so with ev ery friend of his/her, the state of law and order is difficult to imagin e.

    Hard decisions need to be taken in such circum stances even if th ey im pinge on personal life.

    Reply

    Aditya Jha

    October 10, 2013 at 1 :38 pm

    Please correct it in th e last line of intro :This may result in reduced sentence.

    Reply

    neerajOctober 10, 2013 at 2:57 pm

    Adi ty a, I rea lly dont know th e la w, so I am a skin g, ca n w e ju st r egi ster a c ase a ga inst an y one, w ithout a ny comp laint on suo

    moto? If thats tru e, why a case is not being registered against Dham endra wh o is publicly ma rried to two women wh ich is

    aga inst hindu code of ma rriag e and ev ery police officer knows it??? Is there no single honest police offcer in our country ??

    I just want to know the law..

    Reply

    neerajOctober 10, 201 3 at 2 :58 pm

    To clarify, Dha rmen dra wa s just an exam ple.. no personal gr udges Will u ar rest him once u become IPS.. lol

    Reply

    Aditya JhaOctober 10, 201 3 at 3 :08 pm

    Yes a FIR can be reg ister ed and ev en a n a rr est c an be m ade based on pri ma fa cie ( fir st-sigh t) ev iden ce. Ev en a police

    officer is a citizen of the countr y andhe can file a case on his behalf. For e.g. if someone phy sically hur ts a police officer, who else can register th e case except

    him/her?

    Dharm endra is guilty and legally a case should be registered against him . I really do no know or understand why is a cas

    not filed in this case.

    There are honest police officers in the country , but t hey are v ery few in num bers.

    Reply

    AbdaalOctober 10, 201 3 at 3 :38 pm

    Wha t y ou a re sa y ing is corr ect . How ev er, in t hi s case, only oral in form at ion h as been g iv en. The Policem an , or for

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    tha t ma tter a ny body , is not a wit ness to this. The FIR may be registered as a techn icality but is bound to be quashed.

    This cannot be considered as a confession either un der Sections 25-27 of the Evidence Act which disallows all

    confessions ma de to a Police officer.

    Reply

    Aditya JhaOctober 10, 201 3 at 5:52 pm

    Yes it ca n n ot be u sed as ev iden ce a ga inst hi m dur ing tr ia, l bu t it is defin itely a g round for reg ister ing a c ase.

    Reply

    cool007October 10, 2013 at 5:12 pm

    Hi Neeraj,

    Just an infoDharm endra wa s legally convert ed to Muslim before his second marria ge so do Hema Malini

    Reply

    neerajOctober 10, 201 3 at 5:35 pm

    Cool007.. ok.. there ar e many politicians who have m ore than one wife publicly.. wh at about them ?? did they

    convert to Islam a s well??

    Reply

    cool007October 10, 2013 at 6:23 pm

    Yu p. If th ey ha v e m ar ried leg al ly , t hey ha v e conv ert ed. Tak e an ex am ple of Ch an der Mohan an d Fiza.

    Otherw ise the relat ion could be just live-in like Rajesh Khanna a nd his live-in part ner Anita Adv ani.

    Reply

    arvind bhargavaOctober 10, 201 3 at 5:39 pm

    if you a re supposed to lodge a complaint again st any one who is asking y ou to pay bribe

    tha n for courtroom procedure it is enough sufficient that y ou are hav ing an ev idence in which an officer is asking y ou to

    pay bribe ..and it will be considered as an evidence.

    or otherwise y ou ma y file a complaint in y our near est ANTI CORRUPTION BUREAU office where t he cops will check out

    y our bla me and w ill ta ke a n a ppropr iat e act ion a ga inst th e cu lpr it

    Reply

    Vijay PateriyaOctober 10, 2013 at 4:48 pm

    nice answer,good intro and last line gave it the finishing touch.

    . If every officer did so with ever y friend of his/her, th e state of law an d order is difficult t o imagine.

    i just doubt th e presence of this line.

    if y ou could relook and find m e right pls consider.

    Reply

    Aditya JhaOctober 10, 201 3 at 5:55 pm

    The line means that if all civil servants(in millions) leave their friends for the sake of friendship, one can well imagine it

    outcome at large.

    Reply

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    Vijay Pateriya

    October 10, 201 3 at 8:05 pm

    i meant the releva nt of that line their.

    Reply

    ABC

    October 10, 2013 at 1:42 pm

    This case study beau tifully describes the conflict between personal a nd professional interests, a situat ion bureacra ts faces quite

    often. As a responsible officer cum friend I hav e two possible options:

    1. As a strict cop, I will log a form al FIR (First Informat ion Report) a nd will a rrest Nav een on grounds of bribery and m al-

    practices. Moving forward, I will be investigat ing this case impar tially and gath er evidences. My m otive will be to do wha tev er

    it takes to maintain law and order.

    2. A s a friend: I should not forget tha t Nav een is telling m e all th is considering me as a g ood friend not a cop. As a friend I will

    request Nav een that w hatev er mal-practices he is indulged in, should leave t hem im mediately. I will request him neither to

    take bribe nor promote it. I will also warn h im th at I will be continuosly checking his conduct in futur e and if I found hu m

    guilty , I will take strict actions forgetting that he is my friend.

    As someone qu oted n icel y Pun ish th e cr im e not th e cr im ina l. Her e m y behav ior a s a fr ien d not only mak e him un derst an d hi s

    wr ong doin gs bu t w ill al so act as a corr ect iv e m easu res. On t he other h an d m y beh av ior a s a st ric t c op wil l loose his tr ust on m e

    coupled with not giving his a chance to correct himself.

    Reply

    ABCOctober 10, 2013 at 1 :44 pm

    Hello Insights sir a nd dear fellows,

    Please rev iew.

    Reply

    seemaOctober 10, 2013 at 2:44 pm

    In this case a perfect bala nce between personal an d profession is required. First explain to his friend about t he consequence of

    corruption as a fam ily mem ber and if th ere is no positiv e response from t he other side. Then take a ppropriate a ction as an office

    in charge of his duty.

    Reply

    cool007October 10, 2013 at 6:26 pm

    You n eed to be m ore el abor at iv e.

    Reply

    seemaOctober 10, 2013 at 1 0:07 pm

    Ok i will try next tim e.

    Reply

    neerajOctober 10, 2013 at 2:47 pm

    The situat ion comm ands a compromise between friendship and call of duty .

    Here, as an officer on duty , ther e has been no complain t ag ainst Nav een for ta king bribe. Also, the confession being m ade by

    Nav een is not on records but a s a friend. Also, apart from v erbal confession, I hav e no other ev idence to support. In court, I wont

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    be a ble t o prov e an y th ing as it wou ld be m y wor d ag ain st h is. The situ at ion dem an ds th at I do somet hi ng an d th at somet hi ng

    can only be a friendly m oral advice to Naveen.

    Firstly, I will appreciate Na v een for doing good social work and i will congra tula te him for th e satisfaction he is getting from th e

    wor k. T hen , I wi ll adv ise h im ag ai nst ta kin g m oney from an y one a s it i s ag ain st t he l aw . A lso, Gov t. is pay ing hi m to do hi s job.

    So, there is no moral or legal gr ound for ta king th e money ev en if people are giv ing it out of respect. I would ask him to politely

    refuse his clients from taking any money . Also, taking m oney can oblige him and compromise his judgement a bility if any of

    them comes back for an illegal w ork. It can a lso be used by h is prev ious clients to blackmail h im for upcoming illegal w ork or

    frame him in cases of graft.

    At th is ju nct ur e, I ca n onl y adv ise Na v een an d hope t ha t h e does not t ra nsgr ess his l ega l a nd m oral a ut hor ity .

    Reply

    neerajOctober 10, 2013 at 3:34 pm

    Insights an d others .. pls comm ent

    Reply

    cool007October 10, 201 3 at 6 :30 pm

    Ver y wel l w rit ten an swer .

    Reply

    sujitOctober 10, 2013 at 9:51 pm

    You m ade v ery v al id point s . You r a nswer is bala nced an d seem s pra cti ca l t oo.

    Reply

    neerajOctober 11 , 2013 at 2:27 pm

    tha nks cool007 a nd sujit

    Reply

    SAIOctober 10, 201 3 at 3 :54 pm

    Naveen and i are childhood friends so, he will know me better than others. As a token of gratitude they are giving money or

    bri be h im . Bu t, it may tu rn int o a h abi t t omorr ow. As polic e officer an d al so good frien d of hi m i w ill char ge h im for t ak ing

    bri be. I dont let my fri end t o spoil. I wa nt hi m to be c lea n in hi s his w ork a nd c ha ra cter. I am sur e th at na v een par ent s wi ll

    definitely appreciated what i did.

    Reply

    Vijay PateriyaOctober 10, 201 3 at 4 :45 pm

    As a publ ic ser v an t t o observ e th e la ws h onestl y wi th out ext endi ng nepot ism,fa v our at ism is th e duty .Bein g t he DSP its m y dut y

    to deal against v iolators of law.Na v een is one such case.

    Being close to my family and telling the truth to me in a casual frank way as my childhood friend should not compound for me

    to leave Nav een straightaw ay .I will warn h im for the consequences stating h im th at y ou w ere doing a g ood job and enjoying bu

    surrendering to taking gifts equals bribre and its against the work ethics..I will deal with it in ful l official way as required.

    Further being close to his family ill try conv incing them th at w hatev er I am going to do is the duty and its only for his

    better ment an d good society .

    FRIENDS PLEASE REVIEW>>

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    Reply

    raghusharmagOctober 10, 201 3 at 4 :52 pm

    Case study 14 :

    Bribe is an offence, and justice demand punishm ent for offence to maint ain justness irrespectiv e of relation.

    I will tell Naveen that it was against moral dignity & integrity to take bribe. By th is you hav e shown not only incompetence bu

    also hav e undermined y our position. Public or priv ate, an y job require delivery of job with out preferential treat ment or

    undermined treatment. If such happens, as it happened here, a separate channel of function driven by mal principle has been

    created.

    I will al so ask him t o surr ender imm ediately to anti corruption mecha nism. And if he failed to do than on my own I will bring

    matter to anti corruption mechanisms notice.

    By this Nav een also feel the consequences of corru ption both professionally & personally . And if possible will l eav e former to sav

    later in future.

    Reply

    raghusharmagOctober 10, 201 3 at 4:53 pm

    pls insight sir & frds do review m y answer

    Reply

    cool007October 10, 201 3 at 5:34 pm

    As N av een is my childh ood frien d, I m ust be kn owin g a bout hi s ha bit s. In h is new job he wa s v ery ha ppy th at hes hel ping th e

    poor and needy people. Also people are v ery happy with his speedy serv ices. He never asked for th e bribe initially , its the people

    wh o offered h im . Init ial ly he didn t r ecei v ed any bri be, but it s beca use of t he sur roundin g pr essur e he sta rt ing ta kin g br ibe.

    One should not forget that h es the v ictim of corru pt surrounding. By na tur e hes v ery honest person. By ta king any action

    aga inst him will brea k the tru st of friendship and it may kill the good deed nature of Naveen. I would try to investigate th e

    natu re of working procedure of the office. Ill personally go to the office to check that proper instru ctions like citizen chart er,

    service tim e and charg es are display ed in office. And simu ltan eously Ill ask Nav een to stop taking such fav ors from th e people,

    as it may land him into serious problem.

    Taking a ction against him is not th e solution. Only proper awa reness among the citizens can curb the corru ption.

    Reply

    seemaOctober 10, 2013 at 6:01 pm

    Plz review m y ans.

    Reply

    NikkuOctober 10, 201 3 at 8 :22 pm

    My act ions in this case would be motiv ated by t wo goals. One, to get Nav in back on track a nd secondly , to ensure th at th e law is

    not breached.

    To star t with , I would ask Nav in to stop rationalizing bribery to himself. It does not ma tter w hether people are giv ing m oney for

    his speedy serv ice, or for any other purpose. A bribe is a bribe. Period.

    He needs to realize this fact a nd going forwa rd refrain from an y a ction that pu ts his integrity under question.

    Next, I am going to ask him to surrender before the Vigilance comm ission and come up wit h a clean conscience. I know that this

    oral confession would not hold any weight under the law, and thus the only way to actually bring this episode to its lawful

    conclusion is to conv ince Nav in to surrender him self v oluntar ily .

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    There is a probability that Nav in might not heed to my advice of surrendering, in which case I will register a complaint m yself

    I would also bring this up with his family and tell them to exert pressure on him. Emotional guilt at times can work better than

    law ful codes.

    Reply

    prernaOctober 10, 201 3 at 9 :20 pm

    Collusive corruption is also a crim e, where people volunteer th emselv es to bribe public serv ants to carry out their official duty .

    I will explain this to Naveen and warn him that this is also a crime and he would be behind bars if caught.

    As N av een is enj oy ing hi s wor k bec au se it s giv ing hi m an opportu nit y to h elp t he poor, th is shows th at he is an effic ien t offic er.

    Because of his efficiency, I will giv e him a ch ance an d will war n him and let him know the serious consequences of his actions.

    I will keep monitoring his behav ior and if he continues to do the sam e i will r egister a case of corru ption.

    Reply

    sujitOctober 10, 201 3 at 9 :20 pm

    That N av een lov es helping poor and he was frank enough to admit th at he accepts bribe must be taken into account w hile

    deciding any course of action.

    Ever y depart ment h as conduct ru les and gifting policy th at prohibits accepting bribe/gift. Though h e has breached those rules,

    he mu st be given a chance for he m ay not be aware of such policy . Even if he was not my close friend I would have m ake him

    aware of what h is action could lead to. I will conv ince him not to accept any bribe in future and return every thing tha t he has

    taken so far. He must also be awa re of any legal act ion that could be taken.

    Taking a ny legal a ction just for th e sake of doing so will am ount to going too far w hich is not required.

    Reply

    sekharkothuruOctober 10, 2013 at 1 1:49 pm

    Bribery is a punishable offence under any circumstances whether the doer is your friend or any other person.

    But, in t his case study , as nav een, who is working as a Assistant Director in Social Welfare Departmen t th at t oo a close friend of

    cop too deserv es the same treat ment /punishment, if Na v een is caught r ed-han ded or any complaint is lodged against him

    leveling the charges of corruption.

    However, as Nav een is close friend of mine, I will tr y t o explain th ings that a ccepting gifts(cash or kind) tanta mount to

    corruption in the public serv ice Basing on the oral ev idence, we cant try his in the court of law. Firstly , I will tr y t o make him

    realize the mistake/crim e comm itted by him and a chan ce should be giv en to him to open his eyes and to act fairly with out

    compromising the ethics and integrit y of the office. Secondly , with the experience I hav e as DSP, I will tr y to explain things th at

    how the persons who have got caught in such kind of corruption charges are undergoing trial and finally landing in jails,

    punishment s such a s demotions or tr ansfers etc.depending on the severit y of crime, tha t th e person is indulged. Finally , I as him

    to return a ll such gifts tha t are ta ken as a token of gratit ude or good will pay ment s for fast delivery of services.

    Reply

    sekharkothuruOctober 10, 2013 at 1 1:51 pm

    Insight!!! & frenz ev alua te my answer an d lemme know wher e I need to improv e>> ..

    Reply

    vipu lOctober 1 1, 2 013 at 1:45 am

    As a responsib le offic er wh o is on duty , a nd w hos du ty is to en force la w, wh at wi ll y ou do to y our fri end.

    Public official do hav e a code of conduct that defines the accepta ble behav ior for a public serv ant. A ccepting money other tha n

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    legal rem unera tion is presumed to be an act of corru ption under POC act. Nav een is clearly v iolating th e code of conduct of his

    department. Though no inference about corruption can be easily drawn from Naveen statement but case requires further

    scrutiny.

    Though Nav een is my friend but i am duty bound to take action against him. It is my duty to maintain the integrity of my

    position and t reat a ll people equally . First of all, I will a sk Nav een to return back th e cash receiv ed .I will a lso discuss the

    prev ious exchan ges related inform ation with his depart ment seniors, In case any wrongdoing is found then a case can be

    laun ched against Nav een. In case there is no corruption inv olved then I will seek Nav eens departm ent to take disciplinar y

    action.

    In case, our friendship in impact ing m y a bility to take action aga inst him, i w ill request my senior officer to allow someone else

    to take cha rge of this case.

    Reply

    Amod AnkitOctober 11 , 2013 at 1:51 am

    This inv ites a conflict between the n eed to adhere to mora l code of conduct a nd upholding personal r elation with a closed one.

    As a law-en forcer an d good fri end, I need to at ten d to m y professiona l com mitm ent s an d tr easu re my fri endsh ip as wel l a t t he

    same time.

    I would ha v e adv ised Nav een to desist from corrupt pract ices as that w ould dilute his satisfaction lev el of being an able social

    wor ker .Th at wou ld u lt im at ely defea t h is a im of of being int o th e serv ice. I woul d ha v e serm onised h im reg ar ding ill s of resort ing

    to such pra ctices as inquiries and inv estigations might la nd him behin d the bars on some fateful day .

    So,the better option would be to not resort t o any such v ices under any compulsion and offer his serv ices in an effective

    manner,wh ich would ultimately earn him a good name a nd personal gratification.

    This would likely obligate him to amend himself.

    Reply

    navbir sidhuOctober 11, 201 3 at 2:02 am

    the qu estion ra ises some comm only fa ced moral dilem ma s and issues od ethics..

    naveen even though being an able administrator has failed on the fronts of integrity and preservant on the front of his

    honesty..a nd tries to seek solace th at br ibes have been kind of enforced upon him a nd rat her sees them as rew ard for his work..

    by sha ri ng th ese detai ls with y ou h e has r ai sed question s abou t our i nt egr ity as w ell .bel iev ing th at i am compla cen t a bout

    bri ber y .. he seems to under sta nd per sonal rel at ions m ean mor e to us th an th e sense of du ty ..

    one must clearly t ell him t hat by sharing these details with him he might just hav e booby trapped himself in a case of birbery

    and corruption..

    the fact he is carry ing that sum of money is piece of evidence that can be used against him..by knowing and tr acing the source

    of origin of tha t money ..

    the course of action should be take hold of the money he purpotedly ha s wit h him and intia te furth er proceeding again st him

    acoording to the la w

    Reply

    dr VineetOctober 1 1, 2 013 at 3:29 am

    An swer

    It is a situat ion of conflict in professional duty and personal rela tions.

    Nav een seems to be honest, competent and efficient. Though taking m oney from his clients is an unethica l behav iour, this

    situation should be looked in terms of his intention . He should hav e politely refused to take th e money. But as the thin gs hav e

    happened, I would explain Naveen that it is perfectly unethical behaviour on his part and he should return the money from

    wh om i t w as t ak en a nd n ot t o indu lg e in th is kin d of ac tiv iti es in fut ur e oth erw ise I would h av e to t ak e ac ti on aga inst hi m. I

    wou ld t ry to conv inc e him how th is pra ct ice w ill be h ar mful to h im in long ru n bot h persona lly an d professiona lly . Ta kin g a

    direct action will ru in career of an honest and efficient employee (wh ich we need in public sector). He needs to be given cha nce

    to improve considering his efficiency and work satisfaction. Official action rema ins the next option if he fails to improve t hough

    it will sour personal and family relation. Sometimes you ha v e to take ha rsh decisions in conduct of your duty .

    Reply

    dr Vineet

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    October 11 , 2013 at 3:31 am

    Insight please comm ent

    Reply

    dr VineetOctober 11, 201 3 at 6:39 pm

    friends please comm ent

    Reply

    Rahul AgarwalOctober 12, 201 3 at 4 :42 pm

    Let us ascertain th e facts of the case:

    a) I and Nav in are in course of an informal m eeting

    b) N av in c an didly adm itt ed to h av e been rec iev ing money from public

    c) Nav in has pointed that m oney has been given willingly without any coercion for bribe

    d) I am on duty as DSP at present

    The ethical dilemma invovled is, whether should i breach trust of Navin and take cognizance of this issue and intiate enquiry

    against him or whether should i trust his word.

    Since he is my v ery close friend, i will tell him tha t accepting monet from public underwh atev er pretext is inappropriate for a

    public servant. It is against the Civil Services rules of conduct and may land him in trouble in future. I will ask him to refund

    the wh atever money he has recieved from the beneficiaries.

    When i wi ll rea ch my office, i will ask m y resourc es in social wa ork depar tm ent s to ch eck th e v era cit y of th e clai ms ma de by

    Nav in. Wheth er he has reall y g ot money by beneficiaries or it wa s a disguised bribery. if i find some conclusive ev idences i will

    request the approproate authorities to allow me to intiate enquiry against Navin to find out the truth

    Reply

    NBOctober 13, 201 3 at 11 :20 pm

    Such a situa tion depicts the dilemma one faces while dealing wit h our near a nd dear ones and between our official duties. In the

    present case my friend who has immense trust in me ha s shar ed inform ation which h e would not share with any one. Any

    person shares his deepest thought only w hen th e person ha s confidence that y ou will gu ide him better . In this case as a friend I

    hav e responsibility t o show him th e way tha t he is not going in right direction. I hav e to convince him the futilit y of life of

    han kering for cheap materia l things and money . In fact my friend has been enjoying job because he has been serv ing people. I

    must try to conv ince him th at his real w ealth is people are happy w ith his work and he will be able to generate more happiness

    and respect when he denies things which t hey offer in lieu of his work. Secondly as a duty bound officer, I should clearly w arn

    him tha t he faces the r isk of being loosing his job and face cha rges again st his wrong doings.

    Reply

    csOctober 14, 201 3 at 8:39 am

    i am hav ing lunch with nav een, this suggests that i am m eeting him in my personal capacity as a friend and not as an officer.

    also i hav e not receiv ed any complaint a gainst him n or is he ma king any confession therefore it would be imprudent to take any

    action at this juncture.

    i will advise him as a friend that he m ay fall in trouble if not now then m ay be later.there are no free lunches and the very

    people who are bribing him ma y put pressure on him to deliver fav ours and compromise his official position.

    as a dsp i would make him awa re of the la ws and regula tions and warn him t o stop such a ctiv ities.i would suggest him to report

    about the monetary transactions to the superiors in the department as at this stage he might get

    off with just a departmental enquiry and minor disciplinary action but if someone were to complain about it later he might get

    booked an d leg al ac tion ini tia ted ag ai nst hi m.

    Reply

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