Case Study: Distress sharing + Law vs Ethics
Previous year questions
- Dr X is a leading medical practitioner in a city. He has set up a charitable trust through which he plans to establish a super-speciality hospital in the city to cater to the medical needs of all sections of the society. Incidentally, that part of the State had been neglected over the years. The proposed hospital would be a boon for the region.
You are heading the tax investigation agency of that region. During an inspection of the doctor’s clinic, your officers have found out some major irregularities. A few of them are substantial which had resulted in considerable withholding of tax that should be paid by him now. The doctor is cooperative. He undertakes to pay the tax immediately.
However, there are certain other deficiencies in his tax compliance which are purely technical in nature. If these technical defaults are pursued by the agency, considerable time and energy of the doctor will be diverted to issues which are not so serious, urgent or even helpful to the tax collection process. Further, in all probability, it will hamper the prospects of the hospital coming up.
There are two options before you:
1) Taking a broader view, ensure substantial tax compliance and ignore defaults that are merely technical in nature.
2) Pursue the matter strictly and proceed on all fronts, whether substantial or merely technical.
As the head of the tax agency, which course of action will you opt and why? (2018)
- Edward Snowden, a computer expert and former CIA administrator, released confidential Government documents to the press about the existence of Government surveillance programmes. According to many legal experts and the US Government, his action violated the Espionage act of 1971, which identified the leak of State secret as an act of treason. Yet, despite the fact that he broke the law, Snowden argued that he had a moral obligation to act. He gave a justification for his “whistle blowing” by stating that he had a duty “to inform the public as to that which is done in there name and that which is done against them.”
According to Snowden, the Government’s violation of privacy had to be exposed regardless of legality since more substantive issues of social action and public morality were involved here. Many agreed with Snowden. Few argued that he broke the law and compromised national security, for which he should be held accountable.
Do you agree that Snowden’s actions were ethically justified even if legally prohibited? Why or why not? Make an argument by weighing the competing values in this case (2018)
- A big corporate house is engaged in manufacturing industrial chemicals on a large scale. It proposes to set upon the additional unit. Many states rejected its proposal due to the detrimental effect on the environment. But one state government acceded to the request and permitted the unit close to a city, brushing aside all opposition.The unit was set up 10 years ago and was in full swing till recently. The pollution caused by the industrial effluents was affecting the land, water and crops in the area. It was also causing serious health problems to human beings and animals. This gave rise to a series of agitation thousands of people took part, creating a law and order problem necessitating stern police action. Following the public outcry, the State government ordered the closure of the factory.
The closure of the factory resulted in the unemployment of not only those workers who were engaged in the factory but also those who were working in the ancillary units. It also very badly affected those industry which depended on the chemicals manufactured by it.
As a senior officer entrusted with the responsibility of handling this issues, how are you going to address it? (2018)
- Rakesh is a responsible district level officer, who enjoys the trust of his higher officials. Knowing his honesty, the government entrusted him with the responsibility of identifying the beneficiaries under a health care scheme meant for senior citizens.The criteria to be a beneficiary are the following:
(a) 60 years of age or above.
(b) Belonging to a reserved community.
(c) Family income of less than 1 Lakh rupees per annum.
(d) Post-treatment prognosis is likely to be high to make a positive difference to the quality of life of the beneficiary.One day, an old couple visited Rakesh’s office with their application. They have been the residents of a village in his district since their birth. The old man is diagnosed with a rare condition that causes obstruction in the large intestine. As a consequence, he has severe abdominal pain frequently that prevents him from doing any physical labour. The couple has no children to support them. The expert surgeon whom they contacted is willing to do the surgery without charging any fee. However, the couple will have to bear the cost of incidental charges, such as medicines, hospitalization, etc., to the tune of rupees one lakh. The couple fulfils all the criteria except criterion ‘b’. However, any financial aid would certainly make a significant difference in their quality of life.How should Rakesh respond to the situation? (2018)
- There is a disaster prone state having frequent landslides, forest fires, cloudbursts, flash floods and earthquakes, etc. Some of these are seasonal and often unpredictable. The magnitude of the disaster is always unanticipated. During one of the seasons a cloudburst caused a devastating floods and landslides leading to high casualties. There was major damage to infrastructure like roads, bridges and power generating units. This led to more than 100000 pilgrims, tourist and other locals trapped across different routes and locations. The people trapped in your area of responsibility includes senior citizens, patients in hospitals, women and children, hiker, tourist, ruling parties, regional presidents along with his family, additional chief secretary of the neighboring state and prisoners in jail.
As a civil services officer of the state, what would be the order in which you would rescue these people and why? Give Justifications (200 Words) (2015)
2. Now-a-days, there is an increasing thrust on economic development all around the globe. At the same time, there is also an increasing concern about environmental degradation caused by development. Many a time, we face a direct conflict between developmental activity and environmental quality. It is neither feasible to stop or curtail the development process, nor it is advisable to keep degrading the environment, as it threatens our very survival.
Discuss some feasible strategies which could be adopted to eliminate this conflict and which could lead to sustainable development. (2014)