The UPSC (Union Public Service Commission) examination is renowned as one of the most prestigious and challenging competitive exams in India. In the year 2013, the General Studies Paper 4, often referred to as GS 4, presented candidates with a diverse array of ethical dilemmas and situational questions. This paper aimed to evaluate the ethical and moral aptitude of aspiring civil servants, testing their ability to navigate complex issues with integrity and sound judgment. Through a series of case studies and theoretical inquiries, candidates were required to demonstrate their understanding of ethical principles and their practical application in governance and public administration. The UPSC GS 4 paper serves as a crucial benchmark for selecting individuals who possess not only the knowledge but also the ethical fortitude necessary to serve the nation with honesty, fairness, and dedication.
Q9. A Public Information Officer has received an application under RTI Act. Having gathered the information, the PIO discovers that the information pertains to some of the decisions taken by him, which were found to be not altogether right. There were other employees also who were party to these decisions. Disclosure of the information is likely to lead to disciplinary action with possibility of punishment against him as well as some of his colleagues. Non-disclosure or part disclosure or camouflaged disclosure of information will result in lesser punishment or no punishment.
The PIO is otherwise an honest and conscientious person but this particular decision, on which the RTI application has been filed, turned out to be wrong. He comes to you for advice.
The following are some suggested options. Please evaluate the merits and demerits of each of the options:
(i) The PIO could refer the matter to his superior officer and seek his advice and act strictly in accordance with the advice, even though he is not completely in agreement with the advice of the superior.
(ii) The PIO could proceed on leave and leave the matter to be dealt by his successor in office or request for transfer of the application to another PIO.
(iii) The PIO could weigh the consequences of disclosing the information truthfully, including the effect on his career, and reply in a manner that would not place him or his career in jeopardy, but at the same time a little compromise can be made on the contents of the information.
(iv)The PIO could consult his other colleagues who are party to the decision and take action as per their advice.
Also please indicate (without necessarily restricting to the above options) what you would like to advise, giving proper reasons. (250 words 20 marks)
Tags: Case Studies
Case Summary: A Public Information Officer has in an application under RTI Act discovers that the information related to some of his own decisions taken by him were not correct. other employees were involved in his decisions. Disclosure of the information will lead to disciplinary action and chances of punishment against PIO and some employees. Although Non-disclosure will result in lesser or no punishment.
Stakeholders: Public Information Officer, other employees
Ethical Issues/Ethical Dilemmas: To maintain the duty of PIO, to uphold his own honesty and conscientiousness, jeopardizing other employees, to maintain Transparency and accountability while imparting information.
(i) The PIO could refer the matter to his superior officer and seek his advice and act strictly in accordance with the advice, even though he is not completely in agreement with the advice of the superior.
| Merits | Demerits |
| There is little merit in option (i) except for the fact that PIO can use his senior’s experience to solve this Issue. | The Public Information Officer plays a pivotal role in the implementation of the Right to Information Act, 2005. The compliance with various provisions of the Act requires a certain level of preparedness on part of the PIO. He/she should have complete knowledge of and experience in office procedures. Therefore, a senior can question his assuredness for the role of PIO. |
| The decision was taken by PIO. So, it’s his responsibility to tackle that mistake on his own rather than dragging his senior into it. | |
| There can be a situation where he may not agree with his senior’s advice, which will again put him in an ethical dilemma whether to follow his senior’s advice. If he doesn’t abide by his senior’s advice, then that could restrain his relationship with his senior. |
(ii) The PIO could proceed on leave and leave the matter to be dealt by his successor in office or request for transfer of the application to another PIO.
| Merit | Demerit |
| Option (ii) holds less merit except for the fact that going on leave can give PIO a chance to introspect his mistake. | Going on leave and leaving the matter to be dealt with by his successor can question the role of PIO as responsible officer. This option will show that the PIO is running away from his responsibility. Also, in option (ii), probability of getting punishment is much higher as it will be enquired by someone else with his/her perspective which may not match with PIO perspective. The successor may not empathize with PIO. |
(iii) The PIO could weigh the consequences of disclosing the information truthfully, including the effect on his career, and reply in a manner that would not place him or his career in jeopardy, but at the same time a little compromise can be made on the contents of the information.
| Merit | Demerit |
| Minor compromise can be made on the contents of the information holds a merit if the PIO is not tweaking with the factual Information. | Such compromise can be made on the contents of the information can bring high chances of fact getting distorted which can evoke Section 20 (2) of the Act which says that Commission shall, while deciding a complaint or appeal, recommend for disciplinary action against the Public Information Officer under the service rules applicable to him or her provides wrong information intentionally. |
(iv)The PIO could consult his other colleagues who are party to the decision and take action as per their advice.
| Merit | Demerit |
| Option (iv) holds merit as there is no harm in taking advice from colleagues. Option (iv) can widen available options in front of PIO. | As a PIO, he has to decide the matter using his best individual judgement, in this regard his decisions should not be based on other’s advice. |
(v) Also please indicate (without necessarily restricting to the above options) what you would like to advise, giving proper reasons.
As, Section 20(1) of the Central Act allows for the imposition of penalties most notably, where a PIO has, without any reasonable cause knowingly given incorrect, incomplete or misleading information. But in this case, PIO has done this by mistake and Unintentional. So, chances of punishment are almost negligible if it can be proved that the mistake was not deliberate.
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