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.
What the examiner wants
Discuss how prosecuting civil servants for honest mistakes affects administration, and how to protect them.
Demand-wise check
- 1Effects: policy paralysis, risk aversion, delays, low morale, files pushed up≈65 words
- 2Measures: prior sanction (Sec 17A PC Act), clear distinction between error and malafide, timely inquiries, legal aid, documentation, internal review panels≈65 words
- 3Justification: protects honest decisions; accountability still for corruption≈65 words
Open in about 30 words and close in about 30.
Answer plan
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
Mapped topper copies
Reviewed public-source references related to this PYQ. Same-syllabus references are labelled separately.
- Shakti Dubey · AIR 1 · Page 33 ↗Same syllabus reference
- Aakash Garg · AIR 5 · Page 31 ↗Same syllabus reference
- Shakti Dubey · AIR 1 · Page 35 ↗Same syllabus reference
- Aakash Garg · AIR 5 · Page 33 ↗Same syllabus reference
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