1311- [ethics] conduct rules_ meaning, implication, examples, misconduct vs

3/23/2014 [Ethics] Conduct rules: Meaning, implication, examples, misconduct vs.crime and case studies - Mrunal

http://mrunal.org/2013/11/ethics-conduct-rules-meaning-implication-examples-misconduct-vs-crime-and-case-studies.html 1/33

MrunalFlipkart.comBuy Books Online, Pay on Delivery! Press Enter after typing bookname

Search

You're here: Mrunal » Ethics »

Published 4 months ago

41 Comments so far.

[Ethics] Conduct rules:

Meaning, implication,

examples, misconduct

vs.crime and case studies

1. Prologue

2. Conduct rules

3. Difference: Court vs Departmental

Proceedings

4. Conduct rules: Examples

1. #1: Conduct Rules4 Office Life

2. #2: Conduct Rules4 Public Life

3. #3: Conduct rules4 Financial Life

4. #4: Conduct Rules4 Personal life

5. Cases studies

1. Seeking written order when

unnecessary

2. Disobeying written order where

necessary

3. Hiring private citizen for public duty

SEARCH B4 ASKING!

Search

INDIA YEARBOOK

RELEASED!

RECENT COMMENT S

B { i think with few limited

posts and a sea of

Home

Economy

Articles

Studyplans

Download

Toppers

Forum

Contact Me

http://mrunal.org/

http://mrunal.org/

http://mrunal.org/category/ethics-2

http://www.flipkart.com/india-2014/p/itmdtatf88prbxmh?pid=9788123019093&affid=mrunalrugm

http://mrunal.org/

http://mrunal.org/economy

http://mrunal.org/download

http://mrunal.org/toppers

http://forum.mrunal.org/

http://mrunal.org/contact



4. Unauthorized absence #1

5. Unauthorized absence #2

6. Satyagraha

7. Social service during duty hours

8. Seeking charity for ‘good’ cause

9. Just because computer is not

working

10. Misc. cases

Prologue

Following vigilance/corruption related topics in this article

series + a few case studies in each:

1. conduct rules

2. types of enquiries, prevention of corruption act

3. traps in bribery cases

4. disproportionate assets

5. suspension

6. Art.311, departmental inquiry/proceedings

7. various penalties

Anyways, Let’s start with conduct rules.

Conduct rules

Conduct Rules lay down clear principles as to what

the Government expects from its employees.

Conduct rules apply to both official AND personal life

of the government servant.

If an official violates conduct rules, he may face

warning/disciplinary action/departmental proceedings.

They are very different from regular Criminal court

proceedings. How?

aspirants applying its

impossible to conduct an

open book exam. they are

constantly reengineering

the... } – [Result] UPSC

Civil Service Mains 2013

Exam...

CS { @chandradeo

actually i have searched a

lot in the net but not

getting any info regarding

this } – [SSC] 2014's Tier-1

postponed due to Election...

CS { yaar chandradeo

thanx i read that

notification.i have one

more doubt,that am

preparing for civils and if i

get into cisf as si will i... }

– [SSC] 2014's Tier-1


KAMRAN RABBANI { i

know bro that we can do

nothing...but atleast we

can brag about it like old

ladies...it gives us a

sense of contentment. :p }

– [ACIO] Result for ACIO

2013 exam declared,...

HKOM { kamran and

abc... i feel the same.. and

i am waiting for the result

but what can we do when

the result is still on... } –

[ACIO] Result for ACIO


http://mrunal.org/2014/03/result-upsc-civil-service-mains-2013-exam-result-3000-qualified-interviews-start-7th-april-2014.html/comment-page-4#comment-151707

http://mrunal.org/2014/03/ssc-2014s-tier-1-postponed-due-election-2013s-t1-re-exam-27th-april-2014-applies-7-centres.html/comment-page-2#comment-151706


http://mrunal.org/2013/12/acio-result-for-acio-2013-exam-declared-more-than-3000-selected-call-letters-uploaded-interviews-start-from-13th-january-what-to-prepare-for-interview.html/comment-page-11#comment-151701




Difference: Court vs Departmental Proceedings

Court proceedings /

Criminal trial

Departmental proceedings /

inquiry/Misconduct

Judge hears both sides Inquiry officer hears both sides.

Judge gives

punishment.

Inquiry officer doesn’t give

punishment. He merely sends his

findings to the disciplinary

authority (e.g. Secretary of the

department)

Then disciplinary authority decides

punishment against the employee.

Article 20:

Protection against

Double Jeopardy

applies.

No person can be

prosecuted-

punished for same

offense twice.

Double jeopardy doesn’t apply. e.g

1. court case is going on- yet

department can start its own

proceedings/inquiry.

2. court acquits the accused

employee- yet department can

continue its proceedings/inquiry.

3. Officer files bogus bill to get

LTC/Travelling allowance.

Department finds him guilty-

orders him to repay from salary,

matter is considered over.

(Punishment #1). But Five years

hence, department refuses to give

him promotion citing earlier

misconduct. (punishment #2)

Art.311: central-service/state-

KAMRAN RABBANI {

bhai tumne thoda confuse

kar diya...dekho pehle

2012 reserve list ka

verification chal raha

hai...may be last week of

march tak over ho

jaega...fir hamar(2013)... }

– [ACIO] Result for ACIO


RAHUL { those are in

delhi can go to their office

to inquire about the result

if they are free.these can

create real pressure on

them } – [ACIO] Result for

ACIO 2013 exam

declared,...

RAHUL { true.if they did

not needed employee why

they took the exam.really

fed up of them. } – [ACIO]

Result for ACIO 2013 exam

declared,...

SAURABH PRASHANT {

i hope they don't dump me

if they get to see our

posts. } – [ACIO] Result for

ACIO 2013 exam

declared,...

SAURABH PRASHANT {

what can be more

disappointing than sitting

infront of your tv watching

indo-pak tie and reading

your comments just to







Principles of natural

Justice apply in

every case.

Every accused is

given the

opportunity to

defend himself-

even in the cases of

national security

(e.g. Kasab, Afzal

Guru)

service/all India service member

cannot be

dismissed/removed/reduced in

rank, except after an inquiry with

reasonable opportunity to defend

himself.

BUT this doesn’t always apply.

For example President can

remove an All India service officer,

in the interest of national security -

without holding any inquiry, without

giving reasonable opportunity to

defend himself, cross-examine

witnesses etc.

We’ll see more about Art. 311 in

separate article later.

Jurisdiction is

territorial in nature.

e.g. Hunting

bear/deer is legal in

certain states of

USA. Indian citizen

goes there, hunts

wild animals. Indian

court can’t punish,

when he comes

back.

same for smoking

marijuana in

Netherlands and

shooting

Department can still take action for

“conduct unbecoming of a

government employee”.

e.g. Indian officer is sent abroad

for training and involves in those

type of activities.

read any positive

updates. frigging... } –

[ACIO] Result for ACIO


च��दव { @cs- .pdf is not

hyperlinked thatswhy it is

not opening. go to upsc

website- check cisf

departmental exam

notification } – [SSC]

2014's Tier-1 postponed

due to Election...

च��दव { @cs- dont click

on link, just copy the whole

link and paste in new

browser now try this

http://www.upsc.gov.in/exams/notifications/2014/cisf/cisf_examination%20rules%20of%20ac-

ldce-

2014%20issued%20on%2001.03.2014%20(1).pdf

} – [SSC] 2014's Tier-1


NEHA GUPTA { shinde is

the worst home minister.

mha is literally sitting on

all backlogs. even capf

which was held in october

has not even released

the... } – [ACIO] Result for

ACIO 2013 exam

declared,...

RAHUL { what is open

book question? please

elaborate. } – [Result]

UPSC Civil Service Mains

2013 Exam...

RAHUL { sahi bole





http://mrunal.org/2014/03/result-upsc-civil-service-mains-2013-exam-result-3000-qualified-interviews-start-7th-april-2014.html/comment-page-4#comment-151671



pornography in

California.

Judge cannot hear the

matter if he himself is a

witness / complainant in

that crime.

Doesn’t apply to minor cases.

e.g. Boss himself witnesses that

employee has come late in the

office/did not wear uniform/ was

sleeping on job etc. He can cut

salary.

guilty person gets

jail/fine/both

guilty employee gets

Major penalty: dismiss, remove,

rank reduction, compulsory

retirement.

Minor Penalty: censure,

withholding promotion/ increment,

recovering loss.

by the way warning, displeasure,

suspension=doesn’t count as

punishment. We’ll see more about

types of penalties in later article.

Police/Sarkaari

Vakil will have to

prove the case

beyond all

reasonable doubts

that accused

person indeed

committed the

crime.

Not necessary to prove the case

beyond all reasonable doubts.

If inquiry officer finds there is good

chance that employee did the

dost.wase tmne aaj phone

kiya tha kya } – [ACIO]

Result for ACIO 2013 exam

declared,...

Older »




‘Burden of Proof’ in

establishing a case

lies on the

prosecution.

Benefit of doubt

goes to the

accused.

mischief=> can declare him guilty.

Decision is taken based on

preponderance of probability.

Evidence Act

applies

Criminal Procedure

code applies

Doesn’t apply. Inquiry Officer can

even rely on evidences that are not

admissible in courts. Examples in

following points:

Hear-say evidence is

not admissible e.g.

Witness claims

“someone told me that

Accused person had

affair with that dead

woman.”

Hear-say evidence may be accepted

in a departmental inquiry provided it

has reasonable nexus and credibility.

Sting operations may

be admissible subject to

certain criteria, such as

the court being satisfied

about the authenticity of

the evidence and the

identity of the persons

depicted.

Inquiry officer may accept Sting

operation as evidence without such

caveats. He may even hold the

government servant guilty- even if there

is reasonable doubt e.g. video is not

showing his clear face.

Tape recorded

conversations are

admissible in court. But



there has to be strong

corroborative

evidences, otherwise

termed as weak

evidences.

Tape-recorded evidence can be freely

admitted without such caveats.

Document cannot be

accepted as ‘evidence’

IF the person who wrote

the document, is not

available for cross-

examination.

Can be accepted, even if document

maker is not available for cross-

examination.

Evidence of accomplice

needs corroboration.

Evidence of accomplice may be

accepted without corroboration.

Circumstantial

evidences enough for

conviction- but must

complete the chain of

events.

Can be accepted without completing

chain of events.

Conduct rules: Examples

Conduct rules differ from service to service. example

All India services have their own conduct rules, central

services have their own rules and state services have

their own rules.

Here goes the list of some conduct rules (not-

exhaustive), that should help you write the case

studies related answer in a right direction.

I’ve classified them in four types: conduct rules affecting

your



1. office life

2. public life

3. financial life

4. personal life

#1: Conduct Rules4 Office Life

Respecting the hierarchy

1. Should apply his best judgment- except when acting

under the direction of his superior officer. He shall

obtain such direction in writing. If impracticable to get

written order on spot, then get the written order as

soon thereafter as possible.

2. Should not evade the responsibility by asking written

instruction of superior, where it is not necessary in the

scheme of work distribution. (see the first case study

at bottom)

3. Must not bring outside influence upon any superior

authority for transfer, posting, promotion etc.

4. Ensure his subordinates show integrity and devotion

to duty.

5. For office matters, he must not directly approach

court/tribunals for grievance redressal before

exhausting remedies in the departmental hierarchy.

(i.e. Complaining to his boss=>his boss=>his

boss…..if none of them helps, then approach

court/tribunal.)

Work related

1. Must not engage a private person to perform his

official duties. (see case study at bottom)

2. Unauthorized absence from duty=misconduct. (see

case study at bottom)



3. Cannot do social / charitable service during office

hours. (see case study at bottom)

4. Must finish his assignments within time and quality

limits.

5. Must not to adopt dilatory tactics or wilfully cause

delays in official work.

6. Needs to show respect, courtesy, cooperation to

everyone.

Sexual harassment

Must not discriminate agains working woman. Must not

indulge in sexual harassment- including

1. physical contact and advances

2. a demand or request for sexual favours

3. sexually coloured remarks

4. showing pornography

5. any other unwelcome physical, verbal or non-verbal

conduct of sexual nature

Strike

1. Must not join any employee union/ labour union

without government permission.

2. Must not threaten to go on strike to meet his demand /

demand of any other Government servant

3. hunger strike, refusal to accept salary, non-

cooperation with superior officer and other

‘satyagraha’ type activities also forbidden.

Generic

1. maintain absolute integrity

2. maintain devotion to duty

3. Avoid conduct unbecoming of a Government servant.



It is not possible to have an exhaustive list of actions

which would be unbecoming of a Government

servant- but overall, any conduct that goes against the

general norms of morality, decency, decorum and

propriety = conduct unbecoming of a government

servant.

Misconduct in previous job

1. Action can be taken against a Government servant in

respect of misconduct committed by him in his

previous employment- IF it has rational connection

with his present job that renders him unfit and

unsuitable.

2. e.g. Person working as accountant. but later court

declared him guilty of forgery in an old case related to

his previous job.=> present department can take

action. (And double jeopardy doesn’t apply).

#2: Conduct Rules4 Public Life

Public honor

Without government permission, he must not accept

any honor, ceremony, meeting, rally held in his honor

(or in honor of another employee).

Farewell party during retirement/transfer=permitted.

Simple and inexpensive entertainments arranged by

public bodies or institutions=permitted.

Vindication of official acts

Suppose public/press has made some remarks against

him for his official conduct. He cannot file defamation suit

against them or make press statements, without

government permission.



Freedom of Speech

Shall not divulge information he got during his official

capacity-to a third party- except under good faith or

when required by the law / departmental rules.

shall guard the official secrets. (Except where RTI

applies.)

Shall not make any public utterance that would

embarrass relations between

union vs state

state vs state

India vs foreign country

executive/judi./legislature

Criticizing any policy of union / state government.

Needs government permission before publishing book

/ writing in newspaper / appearing on TV – radio

EXCEPT literary, artistic or scientific character.

He shall not do above things even anonymously or

pseudonymously.

Politics

must not take part in politics

must not give election fund/ assistance to any political

party

Can vote. But must not tell his preference to other

people.

Must not display any election symbols on his person,

vehicle or home.

Must not participate in rally, dharna-pradarshan, and

demonstration without government permission.

#3: Conduct rules4 Financial Life

@Office



1. Must show diligence and probity in spending public

money.

2. Cannot demand funds from anyone without

government permission- even for good / charitable

cause. (see the case study at bottom)

Sharemarket

1. Must not make speculative investment in share

market. Frequent purchase or sale of

bonds/equity=counts as speculation. Because

speculative=risky=can make him indebted. and

indebted employee= more likely to accept bribes.

2. Must not buy shares/bonds from people he has official

dealings with. because this opens pandora’s box for

bribe transfer. e.g contractor sells his shares worth 1

lakh (at current market rate) to engineer at a

throwaway price of just Rs.10000.

3. An occasional investment in Mutual funds/ ULIP etc.

permitted. But has to notify government about such

‘movable’ assets.

Private trade

1. Must not take any Private trade or employment

without government permission.

2. Must not accept any fees from any public / private

authority without government permission. (e.g. can

write scientific article in magazine without government

permission but IF magazine editor gives him money for

the article=> must get government’s permission before

taking that money).

3. Must not involve in management of any cooperative

society, bank, and company without government



permission.

4. If he is an officer bearer in any Co-operative Societies,

Institutions, clubs, gym etc. –must maintain its

finances with full integrity.

5. Must not promote his family members’

insurance/commission agency.

Loans related

1. Must not lend money to any person at interest rate.

2. Must not borrow/lend money to any person he has

official dealings with. (same for his family members)

3. Can borrow/lend money to a friend/relative – but only

small amount, temporary period, interest free.

4. Must avoid Insolvency and habitual indebtedness.

Property related

Must furnish details about movable or immovable property

bought/sold by him or his family. (including purchase,

sale, renting, leasing, mortgage, gift.)

employee rank furnish asset details to

class 3, class 4 head of the office

class 2, class 1 head of the department.

must not rent/lease his government quarter (house) to

a third party

must avoid habitual indebtedness or insolvency

Must not make any investment/renting/leasing that is

likely to embarrass or influence him in the discharge of

his official duties. (same for his family member)

#4: Conduct Rules4 Personal life



family=any person bound to him by blood / marriage, and

wholly dependent on him.

Marriage/family

1. Bigamy prohibited. Even if bigamy permitted under his

religion’s personal law- he needs to get government

permission.

2. Must not give dowry, take dowry or demand dowry.

3. Must not neglect his parents, wife and children.

4. Must not employ child labor

5. Observe age limit in marriage. Must not marry off his

underage children, must not attend such ceremonies

of other relatives.

6. Must not involve in adultery, moral turpitude etc. Moral

turpitude is not limited to sex and unnatural

relationship. It implies depravity and wickedness of

character – anything that could shock the moral

conscience of society in general.

7. protect environment, wild life and cultural heritage and

other fundamental duties;

Public life of family members

1. Shall not use his position or influence to get job for his

family member in a public/private office.

2. needs government permission before his son /

daughter to gets job in any private undertaking that

has official dealings with government

3. make all attempts to deter his family member from

joining any organization that is involved in subversive/

criminal activities.

4. must inform his departmental authority, if he is working

with/under a government servant who happens to be



his relative.

Gifts

1. Must not accept gifts, free transport, boarding,

lodging, lavish hospitality or frequent hospitality etc.

from anyone he has official dealings with.

2. Must not allow his family member/ middlemen to

accept such gifts/hospitality either.

3. A casual/occasional meal, lift or other social hospitality

= doesn’t count as gift.

4. Can accept gifts during weddings, anniversaries or

religious functions. As long as they’re within

reasonable limits and social norms.

5. Must declare expensive gifts received by him / his

family member.

Arrest and detention

1. If arrested, he must inform the details to his superiors.

2. If spends more than 48 hours in police

custody=automatically deemded suspended.

and ofcourse Desi Liquor

1. Avoid consumption of intoxicating drinks and drugs-

even in areas where it is legally permitted.

2. Must not come to duty while under influence of

liquor/drugs.

3. Must not appear drunk in public places – even during

off-duty hours.

anyways, enough of conduct rules, let’s check some case

studies:

Cases studies



Seeking written order where unnecessary

1. (Suppose) an SDM is allowed to clear NGO project

grants worth upto Rs.5 lakh on his own discretion.

SDM Prem Chopra cleared a file in good faith, but

NGO had played some mischief. Yet, Department held

Prem guilty and transferred him to a non-focal

punishment post. New SDM DevAnand gets the

charge. Another NGO comes up with new project file.

‘Cautious’ DevAnand forwards the application to DM

Pran and seeks his ‘written’ instructions.

hint: Yes, Evading responsibility- seeking ‘written’

instructions of superior, where it is unnecessary in the

scheme of work distribution. Same thing is happening

post 2G, CWG and Coalgate. Officers dont take decision

on any project, keep forwardning files upward. Projects

are stalled, affects HDI, GDP, Foreign investment.

Disobeying written order

2. Honest employee GuruDutt is suspended by his

corrupt Head of Department Prem Chopra. Prem also

sends written instruction to Accounts officer

DevAnand to stop Guru’s salary with immediate effect

and pay him subsistence allowance only. Guru is filing

writ petition and expects that court will give him

favorable verdict within a week. Dev decides to delay

on Prem’s instruction and sanctions full salary to

GuruDutt.

hint: Yes, Suspended employee is not entitled to full

salary- he gets subsistence allowance only. Therefore

Prem’s written order is valid, irrespective of how corrupt

Prem Chopra himself is. Dev must not apply his ‘best



judgment’ in such situation. Dev’s decision of giving full

salary to suspended employee= insubordination and

causing loss to public exchequer.

Hiring private citizen for public duty

3. Collector DevAnand is overburdened with work

related to land records and RTIs. He has requested

the revenue department to give him an additional clerk

but department refused citing budgetary constraints.

Vivek Mushraan is a fresh graduate preparing for

UPSC exam from his home. He offers to help part-

time, for just 1500 per month. Dev hires him and gives

salary from his own pocket.

hint: Dev must not engage a private citizen to perform

official duties. Because such private citizen is not bound

by the conduct rules, he can play mischief and bring

disrepute to DevAnand’s office.

Unauthorized absence #1

4. Dev recently cleared UPSC exam and got allotted to

Revenue service. In his first posting itself, He is

shocked by the level of corruption in the department.

His juniors and superiors are stonewalling all of his

attempt to provide honest administration. Dev is

frustrated, decides to re-appear in UPSC exam again

to become an IAS/IPS/IFS hoping he’ll have more

freedom there. He stops reporting on duty. Boss Prem

Chopra is happy that ‘headache’ employee is gone-

continues sanctioning DevAnand’s full salary, takes

no action on Dev’s unauthorized absence from duty.

hint: Unauthorized absence from duty = misconduct. Both



are guilty of wasting public money.

Unauthorized absence #2

5. Young DCP DevAnand leads a team to another state,

to arrest a mafia don involved in ransom cases in his

city. But for the fear of information leakage, he doesn’t

inform his superiors or the local police. During the raid

don escapes, there is gun-battle in a public place

causing lot of panic and fear among local public.

Commissioner Pran reprimands DevAnand in front of

his staff for this #epicfail, calling him idiot/incompetent

etc. Dev feels emotionally hurt and becomes Devdas,

stops reporting on duty and goes to USA to spend

time with his cousin. Pran does not take any action

thinking “hotshots like DevAnand are not suitable for

police work but it is difficult to remove an All India

service officer because of the protections under

article 311. so it’s good he is gone by himself, I’ll just

ignore him.”

hint: Unauthorized absence from duty = misconduct. Both

are guilty of wasting public money.

Satyagraha

6. Same case like earlier. DCP DevAnand failed to arrest

the Don despite all good faith. Commissioner Pran

reprimands DevAnand in front of his staff for this

#Epicfail. Dev feels emotionally hurt, goes on a

hunger strike demanding apology from the

commissioner.

hint: using hunger strike to compel superior officer to do

xyz thing=misconduct. It doesn’t matter how ‘noble’



DevAnand’s act was. Because Taking cue from him, other

employees might also resort to similar hunger strike/

satyagraha in futre.= breaks the office discipline.

Social service during duty hours

7. Honest police officer DevAnand is given ‘punishment’

posting in a training academy. He has hardly any work

to do, except taking salute from cadets in morning

parade and occasional signature on files. So, every

day he leaves the office after lunch recess, to teach

poor kids in the local slum area. His juniors don’t

complaint and superiors don’t care, and so Dev

continues his social service.

hint: cannot do social work during office hours. It doesn’t

matter how noble Dev’s act is. Because taking cue from

him, even other lazy employees may also run away after

lunch, in pretext of doing social service. Thus, in the long

run, this will break entire work discipline in the office.

Seeking charity for ‘good’ cause

8. RTO officer DevAnand has to sign hundreds of

applications related to driving license and vehicle

registration everyday. Clerk Prem Chopra keeps a box

on his own table and tell every visitor: “This box is for

Uttarakhand disaster victims. If you donate any

amount- I’ll keep your file on top when I bring the

bunch to Dev-saab for signature, thus your file will be

cleared quickly.” Dev knows about this but chooses

to ignore because Prem genuinely sends entire

donation to the disaster victims.

hint: cannot demand funds/charity like this- even for good



cause. Both guilty. It doesn’t matter how noble and honest

Prem is. But taking cue from him, other employee might

also start doing same- for personal use (e.g. need money

for son’s cancer operation) and DevAnand will have hard

time preventing them-will cause resentment among staff,

will break team spirit.

Just because computer is not working

9. Collector DevAnand has installed a new e-governance

project in his district. All complaints are registered

through computer, they can track progress through

SMS /email alerts etc. But recently, Computer has

stopped working in Tehsildar Prem Chopra’s office.

Department has not yet sanctioned funds to get it

repaired/replaced. A Poor villager comes with a

petition how local patwari is not giving him land record

copy. Prem refuses to accept complaint citing

dysfunctional computer and orders the villager to goto

district office where the computer ‘must be working’.

hint: Nothing prevents Prem Chopra from making a

manual receipt of complaint. This is dilatory tactic/work

evasion. Public offices have functioned even before the

invention of computers and internet. Conduct unbecoming

of a government servant.

Misc. cases

10. PWD engineer DevAnand’s wife wants to setup a

beauty parlor. Local Contractor Prem Chopra says

“I’ve an empty shop, and I’ll rent it to you at market

rates. Don’t worry, I’m renting in good faith, won’t

demand any favors from your husband later on.”



hint: Dev should not allow her wife to make any

investment/renting/leasing that is likely to embarrass or

influence him in the discharge of his official duties.

Irrespective of what Prem Chopra promises.

11. Subinspector Prem Chopra keeps big posters of

Gods-Goddesses behind his desk. One day DCP

DevAnand notices this, callsup Prem in his office and

orders him to remove those posters. Within ten

minutes, local MLA calls up Dev saying “you should

reconsider your order, because it might hurt feelings

of a particular community.”

hint: Yes, Prem brought ‘outside’ influence/pressure on

his superior officer = misconduct.

12. Young steno Helen comes to office wearing t-shirt and

jeans. Boss DevAnand orders her to go back home

and report in Saree/Salwar only. Helen directly goes

to high court and files writ petition.

hint: Directly going to court for grievance redressal

without exhausting remedies in departmental hierarchy=

misconduct. (i.e. Helen should first complaint to Dev’s

Boss about the office dress code.)

13. After death of Government employee Prem Chopra.

His wife Shashikala and mistress Bindu both have

applied for pension rights. Over a dinner-gossip,

Pension dept. officer DevAnand narrates this episode

to his college buddy Pran.

hint: Divulging information that he got in official capacity to

a third party-just for gossiping, in absence of Good faith/

court order=not right.



14. DevAnand is the warden of police academy near

A’bad. Every Saturday he visit A’bad to buy rations

from shopkeeper Prem Chopra for the hostel. Dev

also brings his kid for watching cinema/zoo etc. Every

time Prem Chopra gives some toy, comics, ice-cream,

cola to the kid.

hint: Dev should avoid this type of frequent hospitality

from a person he has official dealings with.

In the next article, we’ll see various types of enquries and

case studies related to them.

Previous Posts

[Download] General Studies Paper4: Ethics, Integrity

& Aptitude, 20% repeat questions from UPSC’s own

sample paper

[Ethics] Suspension: Meaning, Features, Reasons;

Death, Resignation, Promotion during suspension &

Case Studies

[Ethics] Traps in Bribery case: features, safeguards,

Phenolphthalein Test & case studies

[Ethics] Enquries: Preliminary, Discreet, Regular;

Prevention of Corruption Act features, Investigation &

case studies

[Ethics] Complaints: sources, types, actions, case

studies

[Ethics] Sample Questions, Case studies for UPSC

General studies paper 4 based on Donald Menzel’s

book

[Ethics] Samples questions based on ethics courses

of San Diego and Texas University

[Ethics] UPSC uploads sample questions for General

http://mrunal.org/2013/12/download-general-studies-paper4-ethics-integrity-aptitude-20-repeat-questions-from-upscs-own-sample-paper.html

http://mrunal.org/2013/11/ethics-suspension-meaning-features-implications-death-resignation-promotion-during-suspension-case-studies.html

http://mrunal.org/2013/11/ethics-traps-in-bribery-case-features-safeguards-phenolphthalein-test-case-studies.html

http://mrunal.org/2013/11/ethics-enquries-preliminary-discreet-regular-prevention-of-corruption-act-features-investigation-case-studies.html

http://mrunal.org/2013/11/ethics-complaints-sources-types-actions-case-studies.html

http://mrunal.org/2013/09/ethics-sample-questions-case-studies-based-on-donald-menzels-book-for-upsc-general-studies-paper-4.html

http://mrunal.org/2013/09/ethics-samples-questions-based-on-ethics-courses-of-san-diego-and-texas-university.html

http://mrunal.org/2013/08/ethics-upsc-uploads-sample-questions-for-general-studies-gs-mains-paper-4-ethics-integrity-and-aptitude.html



Print || PDF This Post (Need Google Chrome Browser)

अब तक 41 कम��स �लखी गयी

Studies (GS)

Mains Paper 4

(Ethics, Integrity

AND Aptitude)

[Decision

Making] Official

Answers for

CSAT 2012′s

Decision Making

Questions

[Decision

Making] What

answer did

UPSC like for

CSAT 2011?

non-evasive,

non-pliant,

upright

Chester

sirrrrrrrrrrrrrrrrrrrrrrr…..

Thanks 4 starting your Brainstorm sessions on ARC Reports

Though if u fail to finish all the reports in this short time, BUT it

will help in 2014 mains splendidly…..

WE are eagerly waiting for THIS SERIES

Thanxxxxx…

http://mrunal.org/2013/11/ethics-conduct-rules-meaning-implication-examples-misconduct-vs-crime-and-case-studies.html/print/

http://mrunal.org/2013/08/ethics-upsc-uploads-sample-questions-for-general-studies-gs-mains-paper-4-ethics-integrity-and-aptitude.html

http://mrunal.org/2013/05/decision-making-official-answers-for-csat-2012s-decision-making-questions.html

http://mrunal.org/2013/05/decision-making-what-answer-does-upsc-like-for-csat-paper-2-non-evasive-non-pliable-upright.html



Reply

:-)

Amani

Reply

Thank you sir….

Mohit

Reply

Thanx a lot.

Waiting for S&T compilation for Sep-Oct.

anupam

Reply

he monu….is it you?????

gaurav

Reply

could u suggest some sources for Ethics paper….particularly for

these topics

1.ethics and human interface

2.dimensions of ethics,human values

3.moral & political attitudes,social influence and persuasion

4.Emotional intelligence,ethical guidance

5.contribution of moral thinkers& philosophers

since i have time,,, i m thinking of reading some standard

material rather than readymade stuff available in the market.

please guide. thanks in advance. :)

charlie

Reply

@mrunal

wrt first case, based on immediate case precedent,new sdm is

taking a cautious approach because earlier sdm was removed

despite his good faith.so sending proposal and asking wriiten

confirmation seems a cautious approach because if anything

goes wrong there will be a proof that a discussion indeed had

happened and was based on reasoning and not malafide

intention.why is it then evading responsibility. pls elaborate

http://mrunal.org/2013/11/ethics-conduct-rules-meaning-implication-examples-misconduct-vs-crime-and-case-studies.html?replytocom=106775#respond








H.s

Reply

same doubt

Da Vinci

@Charlie

Because the principle of subsidiarity, which is followed

in govt. service, states that a job should be done at the

lowest authorized level, and so, buck should not be

unnecessarily passed up the ladder just out of fear of

wrongful persecution. Every govt. servant, according to

his level in the hierarchy and the corresponding

authority, has to proportionately bear the risks

associated with the governmental decision making. In

the said case, it is the SDM’s responsibility to scrutinize

and clear/not clear the project file, according to his best

judgement in good faith, without any fear or favour.

Similarly, for projects greater than 5 lakhs, say upto 25

lakhs, maybe it is the responsibility of DM, and from 25-

lakhs to 1 crore, of DM’s boss, and so on. Now imagine

the situation when at each level, everyone sends the

files lying within their jurisdiction to their seniors.

Eventually, all files (lakhs and crores of them) will reach

Prime Minister level. How can we expect the govt. to

function smoothly in such a case…? In response to the

case of SDM being persecuted for the wrongs

committed by the NGO, I would say the lesson to be

learned here by other SDMs like me is to be extra

vigilant and try to scrutinize the project files of NGOs

more comprehensively. Evading responsibility is not a

solution. It shows lack of commitment, dedication,

integrity, honor, and presents you as a person of weak

character. Imagine an Army jawaan on the border, or

CRPF jawaan in Naxal-affected areas, or a police man

patrolling the streets at night, or even a security guard

sitting in an ATM vestibule. They all face unwanted

risks and dangers to life, far greater than the SDM, but

we don’t expect them to say anything about it. Similarly,

the case study given above is the kind of risk faced by

civilian officers like SDM, etc. So we have to take them

in our stride as we go, so as not to create the




Reply

conditions of policy paralysis. For us, policy paralysis is

an academic term, and while discussing it, we don’t give

much thought to what actually happens if we don’t make

timely decisions. Imagine the NGO which brought you

the project file is going to do the project of saving

young girls caught in the web of flesh-trade. Don’t you

think the time taken by you to clear the file is directly

affecting innocent lives, which you could save by timely

action, just like the soldier is doing on the front.

Anyways, that is what I think. Please feel free to add or

subtract from this as you deem appropriate.

charlie

Reply

@ da vinci, thanks for clarification ,actually i

was more concerned with honest sdm getting

transferred thats why i raised the issue but i

realised now that being transferred is part and

parcel of the job till honesty is not properly

accepted in practice in all walks of life..

one more query – is extramarital affair

violation of code of conduct . if yes ,how . will it

constitute a part of moral turpitude ,bcoz

according to moral turpitude definition an act

should shock the conscience of society in

general.pls elaborate bcoz shock is harsh

word

Durga Shakti Nagpal

@Da vinci ur explanation is good according to

the case given above where the decision was

under complete jurisdiction of SDM. But with a

similar case with implementation orders from

superior we will have to consider recent SC

judgement (based on a PIL filed by mr

Subramanyam swami and other retired

officers).judgement says not to act on any

verbal instruction from superiors.

@charlie you can go through the details of the





Reply

All india service conduct rules 1968 and

central civil service rules 1964 .

Ravi Jain

Reply

Respected All,

Given the scenario, I am of the view

that the case present only the

following scenario:-

SDM should take the decision as

per his/her job requirement and

passing the buck would be of no

good to the state. Not doing the

same for the fear of persecution

would lead policy paralysis and the

whole government machinery would

stop. However before taking the

decision to allot discretionary grant

to a particular NGO he/she should

have a meeting (where minutes of

the meeting are recorded) with his

seniors and discuss the criteria

which should be formulated for

sanctioning the grants (keeping in

mind the suspension of last SDM).

This would help him/her in taking an

informed decision without the fear of

persecution.

GuruBoy

@ DaVinci

Yes but I dont think getting shot at by your

own government is in job description of any

soldier out there.

many government officials not just IAS chose

to evade their duty because they might get

their butt kicked even for doing right thing. UP

is flooded with these cases. In MP one IPS

and one other public servent died in accident





Reply

both investigating same person, &

government is not doing anything other than

choosing scapegoats, that is why even our

own officers loosing faith in the system and

trying to work around it.

vishal kumar

Reply

thank you sir.

Abhishek

Reply

Mrunal bhai The Hindu ka science summary kar do publish

please, bahut kam din bache hain

Mohd Ashraf

Reply

Thanks mrunal sir for this valuable information..sir i am goin to

appear in kashmir adminstrative services mains in feb march…

plz provide a detailed analysis n expected questions of kas…..

xyz

Reply

acchi acchi books ka naam b bta do….ethics and integrity vale

paper k liye

manee

Reply

thanks…mrunal…blessing for non delhites….its really tough to

extract material on ethics from net…pls continue…fewww hrs left

for exam…

charlie

@ da vinci, thanks for clarification ,actually i was more

concerned with honest sdm getting transferred thats why i raised

the issue but i realised now that being transferred is part and

parcel of the job till honesty is not properly accepted in practice

in all walks of life..

one more query – is extramarital affair violation of code of









Reply

conduct . if yes ,how . will it constitute a part of moral turpitude

,bcoz according to moral turpitude definition an act should shock

the conscience of society in general.pls elaborate bcoz shock is

harsh word

sikandar

Reply

much awaited topic. thanx sir.

gaurav

Reply

Thanks a lot bhaiji…

rajan

Reply

JPSC is round the corner. Please give some advise.

jitendra

Reply

Please sir post article on JPSC, examination is getting closer and

closer. In am waiting for your responce

dr d prajapati

Reply

@durga shakti nagpal

are u the real durga nagpal?

no offence

jus curious

Da Vinci

Reply

:)

Durga Shakti Nagpal

What’s in a name? That which we call a rose by any

other name would smell as sweet.

William Shakespeare










Reply

Abhishek

Reply

bahut sahi madam, aapki baaten aur kaam

dono ka hi jawaab nahin hai

dr d prajapati

Reply

:)

ya well said durga shakti nagpal.

how come u here ;) if i may ask and assuming

u real d.s.n

Ravi Jain

Reply

“What’s in a name” clarifies succinctly that you

are not the Durga Shakti Nagpal. :)

Nikhil kumar

Reply

WHAT’S THERE IN A NAME. . .

but even below this sentence , shakespear

wrote his name . :D

dr d prajapati

Reply

@ravi

;D hm

dr d prajapati

Reply

@d.s.n/da vinci/dan brown

no offence pals

:)

srs

what is evidence of accomplice??










Reply

srs

Reply

In conduct rules # 2 public life. You mentioned giving election

funds to political parties not allowed. I have donated money to

AAP after their website answered that govt employees cannot

join a political party but can donate to election funds..

sameer

Reply

plz post an article about OPSC

patelchirag dasharath bhai

Reply

i want to start preparation for civil services but i am confused

that which language i select for giving exam either english or

hindi……..

plz guide me proper

i am waiting for ur positive reply sir!!!!!!!!!

AMIT KUMAR YADAV

Reply

really this is very useful site , im the looser come here now, just

few days before the examination!!

thnx mrunal u help me lot

jd

Reply

Very, Very Brief summary of this article:

Conduct rules are set of rules, norms, practices, expectation

from the employees and organization in discharging their duties

and responsibilities. A public servant needs to follow these in

personal, public, financial and official domains.

Avoiding conflict of interest, enabling good working environment

and relations are the objectives. Article 311 provides security

and opportunity for officer to defend his stand in front of Inquiry

Committee. All India service Rules 1976 guides the civil servants

in their professional life.









Neha Gupta

Reply

All those Conduct rules are demotivating, so many reasons *not*

to take up a govt job. -_-

Naveen Shekhar

Reply

great,just awesome

Gaurav

Reply

In case study no. 10, what should the wife of the engineer do?

Should she drop the idea of setting up a beauty parlor? If she

goes on to find a shop for rent, there is very high probability of

finding a shop at the best price through property

dealers/contractors who are somewhere involved with PWD.

What should she do then?

GuruBoy

Hi mrunal,

I have a question,

Can any tribunal or administration take action against an IAS if

there are evidence of misconduct before his deputation in

services, e.g. Mr X is working in IFS, before being an IFS he was

working in a bank ( private or public) he leaves bank to join IFS,

but in later years it is discovered that he was directly/indirectly

involved in misconduct, which is not grave enough to launch an

FIR but if he were still an employee he would have got at least

termination.

1. Are such reasons enough to launch an inquiry against officer,

since he was involved in a scam, it was not persecuted but still

doesn’t it questions his character.

2. Let just say his actions are beyond bank’s jurisdiction and

now it depends if bank wants to go to court or not, will he get

suspended by relevant authorities.

Thank you and Regards

Guru Boy.

PS : I think Firefox hates you, my browser’s dictionary thinks

mrunal should be converted into communal :) no matter how







Reply

many times I add your name into it, it keeps doing that.

अपना कम�ट नीच �ल�खए!

Your Good Name (आपका शभ नाम?)

Email ID (इमल)

Your message? आपका कम�ट?

Post Comment

Notify me of follow-up comments by email.

Notify me of new posts by email.

The work of Mrunal is under the Creative

Commons Attribution-Non Commercial-

ShareAlike 4.0 License.Permissions beyond the

scope of this license may be available at

Mrunal.org/contact.

Home

Economy

Articles

Studyplans

Download

Toppers

Forum

Contact Me


http://mrunal.org/

http://creativecommons.org/licenses/by-nc-sa/4.0/deed.en_US


http://mrunal.org/

http://mrunal.org/economy

http://mrunal.org/download

http://mrunal.org/toppers

http://forum.mrunal.org/


1311- [ethics] conduct rules_ meaning, implication, examples, misconduct vs

Documents