← All questionsGS4 · 2019 · Case Studies — Public Sector ·Prosecution for Bona Fide Mistakes (Case)
QUESTION 8
GS4
20 marks

Honesty and uprightness are the hallmarks of civil servants. Civil servants possessing these qualities are considered as a backbone of any strong organizations. In the line of duty, they take various decisions, at time some become bonafide mistakes. As long as such decisions, are not taken intentionally and do not benefit personally, the officer cannot be said to be guilty. Though such decisions may, at times, lead to unforeseen adverse consequences in the long term. In the recent past, a few instances have surfaced wherein civil servants have been implicated for bonafide mistakes. They have often been prosecuted and even imprisoned. These instances have greatly rattled the moral fibre of the civil servants. How does this trend affect the functioning of civil services? What measures can be taken to ensure that honest civil servants are not implicated for bonafide mistakes on their part? Justify your answer.

WRITE IN
14 min
250 words

What the examiner wants

Discuss how prosecuting civil servants for honest mistakes affects administration, and how to protect them.

Case studyName the stakeholders and the issues, weigh the options, and say what you would do and why.

Demand-wise check

  1. 1Effects: policy paralysis, risk aversion, delays, low morale, files pushed up≈65 words
  2. 2Measures: prior sanction (Sec 17A PC Act), clear distinction between error and malafide, timely inquiries, legal aid, documentation, internal review panels≈65 words
  3. 3Justification: protects honest decisions; accountability still for corruption≈65 words

Open in about 30 words and close in about 30.

Answer plan

ContextEffectsMeasuresJustificationConclusion

Where marks usually go

  • Calling for blanket immunity
  • No legal provision

Draw this

  • Flow: decision → review → malafide? → action

Value addition

  • LawSection 17A (added 2018) of the PC Act requires prior approval before inquiry into decisions taken in official duty.PC Act 1988, amended 2018
  • ExampleThe conviction of former Coal Secretary H.C. Gupta (2017) was widely discussed as affecting bureaucratic morale.CBI Special Court, 2017

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