Q7 · UPSC Civil Services Mains 2021 · GS IV · 20 marks · 4 min read

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Case study. Sunil is a young civil servant and has a reputation for his competence, integrity, dedication, and relentless pursuit of difficult and onerous jobs. Considering his profile, he was picked up by his bosses to handle a very challenging and sensitive assignment. He was posted in a tribal-dominated district notorious for illegal sand mining. Excavating sand from river belts and transporting it through trucks and selling them in the black market was rampant. This illegal sand mining mafia was operating with the support of local functionaries and tribal musclemen who in turn were bribing selected poor tribals and had kept the tribals under fear and intimidation. Sunil being a sharp and energetic officer immediately grasped the ground realities and the modus operandi followed by the mafia through their devious and dubious mechanism. On making inquiries, he gathered that some of their own office employees are in hand and glove with them and have developed close unholy nexus. Sunil initiated stringent action against them and started conducting raids on their illegal operations of the movement of trucks filled with sand. The mafia got rattled as not many officers in the past had taken such steps against the mafia. Some of the office employees who were allegedly close to mafia informed them that the officer is determined to clean up the mafia's illegal sand mining operations in that the district and may cause them irreparable damage. The mafia turned hostile and launched a counter-offensive. The tribal musclemen and mafia started threatening him with dire consequences. His family (wife and old mother) were stalked and were under virtual surveillance and thus causing mental torture, agony, and stress to all of them. The matter assumed serious proportions when a muscleman came to his office and threatened him to stop raids, etc., otherwise, his fate will not be different than some of his predecessors (ten years back one officer was killed by the mafia). - Identify the different options available to Sunil in attending to this situation. - Critically evaluate each of the options listed by you. - Which of the above, do you think, would be the most appropriate for Sunil to adopt and why?

Topic: Ethics Case Studies. Syllabus: Case Studies on above issues. Same official PYQ from year-wise 2021 and Ethics Case Studies.

Revision summary

Sunil’s raids hit a sand mafia that stalks his wife and mother and threatens a repeat of a killing. Stopping raids, cowboy heroics, a first leak to TV, and dumping the file on a junior all fail. The right option is documented continuation with police, written intimation to CS and government, NGT/NHRC/criminal and anti-corruption forums, team rotation and witness protection. Fear is managed by security, not by silence. Poor tribals are victims and witnesses, not the face of the mafia.

Model answer

Copper italics in this answer — like this — are the key facts. Each one is unpacked in the Facts & figures rail.

Introduction

Illegal sand is a river, a treasury and a set of lives being stolen. Sunil’s family is being hunted to buy his silence. Withdrawing from lawful raids is not an option. Lone cowboy raids without backup are not the other option. The path is continued enforcement with institutional force and family security.

Body

Stakeholders

  • Sunil, his wife, and his old mother under surveillance.
  • Poor tribals used as a shield and as cheap labour, and those who fear the musclemen.
  • Honest staff and the employees already in the nexus.
  • The river belt, downstream farmers, and the public buyer of black-market sand.
  • Local functionaries, the mafia, and the memory of the officer killed ten years ago.
  • Police, Forest, revenue, courts, and the political executive.

(a) Options

  • Option 1: Withdraw raids, go slow, and seek a quiet transfer so the family can sleep.
  • Option 2: Go as a lone cowboy: more surprise raids with no paper trail to seniors, no police requisition, and personal confrontation with musclemen.
  • Option 3: Leak names to the press first and fight the mafia on television.
  • Option 4: Hand the entire case to a junior and leave the district without a record.
  • Option 5: Document, seek police and armed protection, inform the Collector/SP, Chief Secretary and competent political executive in writing, move NHRC/NGT or a court where the facts fit, rotate the raid team, protect witnesses, and continue lawful raids with the institution, not with bravado alone.

(b) Critical evaluation

  • Option 1 merit: stalking may ease for a week; the mother may eat without fear tonight.
  • Option 1 demerit: you join the nexus by omission; the next officer reads that fear works; the river keeps dying. Rejected.
  • Option 2 merit: speed and a reputation for guts.
  • Option 2 demerit: you reproduce the dead predecessor’s tactic; staff in the nexus will leak the naka; the family becomes a softer target. Rejected as theatre.
  • Option 3 merit: sunlight can deter.
  • Option 3 demerit: sources burned, trial by media, possible contempt of a live inquiry, and tribals named as a bloc. Media is a careful later tool, not the first raid.
  • Option 4 merit: personal exit.
  • Option 4 demerit: abandonment; the junior is offered as a cheaper victim.
  • Option 5 merit: raids continue, the file survives a killing or a transfer, protection is a State duty, and poor tribals are treated as witnesses and victims, not as the mafia.
  • Option 5 demerit: promotion delay and residual risk; those are reasons for witness-protection style cover, not for stopping the trucks.

(c) Most appropriate course

  • Do not stop raids because a muscleman visited. Fear is a fact to manage, not a legal order.
  • Write a contemporaneous record of the threat, the stalking, the staff names, and the raid findings. Copies outside the captured office.
  • Requisition police for every raid; ask the Superintendent of Police in writing for protection of residence and movement, including for wife and mother.
  • Inform the District Magistrate if Sunil is not himself the DM, the Chief Secretary, and the competent minister in a speaking note: illegal mining, nexus, threat to life, request for a specialised team.
  • Where the environment and river are injured, use the National Green Tribunal and pollution and mining statutes; where life is threatened, criminal law and, if public servants are bought, the Prevention of Corruption Act, 1988.
  • NHRC or the State human rights commission for the threat and for tribals held in fear.
  • Team rotation so a single constable cannot sell the plan; surprise with sealed orders; GPS and weighbridges rather than a body in front of a truck.
  • Witness protection for poor tribals who talk, and livelihood alternatives so the mafia’s small bribe is not the only cash in the hamlet.
  • Media as sunlight only after the file is with a competent forum, without communal framing of the tribe.
  • If an illegal oral order comes to stop raids, refuse in writing. A transfer may follow; the file must already be upstairs.
  • Family: lawful relocation of the mother if needed, official security, and no private bargain with the muscleman.

Flow diagram

flowchart TD
  RAID[Lawful sand raids] --> KEEP[Continue with team]
  KEEP --> PROT[Police SP protection]
  KEEP --> UP[CS CM NGT NHRC]
  WD[Withdraw from fear] --> NEX[Nexus wins]
  COW[Lone cowboy] --> DEATH[Repeat of killed predecessor]

Conclusion

The mafia wants a quiet officer. Sunil should stay loud on paper and on the river, with police, seniors, courts and protection for his family. Withdrawal is surrender. Cowboy raids are a second funeral. Institutional enforcement is the ethical mean.

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  1. 2022 · Q11 · GS IV · 20 marks

    Case study. Rakesh was working as a Joint Commissioner in Transport department of a city. As a part of his job profile, among others, he was entrusted with the task of overseeing the control and functioning of City Transport Department. A case strike by drivers' union of City Transport Department over the issue of compensation to a driver who died on duty while driving the bus came up before him for decision in the matter. He gathered that the driver (deceased) was plying Bus No. 528 which passed through busy and congested roads of the city. It so happened that near an intersection on the way, there was an accident involving the a middle-aged man. It was found that there was altercation between the driver and the car driver. Heated arguments between them led to fight and the driver gave him a a blow. Lot of passerbys had gathered and tried to intervene but without success. Eventually, both of them were badly injured and profusely bleeding and were taken to the nearby hospital. The driver succumbed to the injuries and could not be saved. The middle-aged driver's condition was also critical but after a day, he recovered and was discharged. Police had immediately come to the spot and FIR was registered. Police investigation revealed that the quarrel in was started by the bus driver and he had resorted to physical violence. There exchange of blows between them. The City Transport Department management is considering of not giving any extra compensation to the driver's (deceased) family. The family is very aggrieved. depressed and agitated against the discriminatory and non-sympathetic approach of the City Transport Department management. The bus driver (deceased) was 52 years of age, was survived by his wife and two school-college going daughters. He was the sole earner of the family. The City Transport Department workers' union took up this case and when found no favourable response from the management, decided to go on strike. The union's demand was two fold. First was full extra compensation as given to other drivers who died on duty and secondly employment to one family member. The strike has continued for 10 days and the deadlock remains. (a) What are the options available to Rakesh to meet the above situation? (b) Critically examine each of the options identified by Rakesh (c) What are the ethical dilemmas being faced by Rakesh? (d) What course of action would Rakesh adopt to diffuse the above situation?

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