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1311 - (Ethics) Conduct Rules - Meaning, Implication, Examples, Misconduct Vs
1311 - (Ethics) Conduct Rules - Meaning, Implication, Examples, Misconduct Vs
[Ethics] Conduct rules: Meaning, implication, examples, misconduct vs.crime and case studies - Mrunal
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SEAR C H B 4 ASK IN G !
Search
IN D IA YEAR B O O K
R ELEASED !
1.
Prologue
2.
Conduct rules
3.
4.
5.
2.
3.
4.
Cases studies
1.
R EC EN T C O M M EN T S
2.
3.
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4.
Unauthorized absence #1
5.
Unauthorized absence #2
6.
Satyagraha
7.
8.
Exam...
9.
CS { @chandradeo
actually i have searched a
lot in the net but not
getting any info regarding
this } [SSC] 2014's Tier-1
10.
Misc. cases
Prologue
CS { yaar chandradeo
1. conduct rules
more doubt,that am
preparing for civils and if i
4. disproportionate assets
5. suspension
KAMRAN RABBANI { i
know bro that we can do
nothing...but atleast we
can brag about it like old
ladies...it gives us a
sense of contentment. :p }
Conduct rules
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KAMRAN RABBANI {
Court proceedings /
Departmental proceedings /
Criminal trial
inquiry/Misconduct
punishment.
department)
Then disciplinary authority decides
proceedings/inquiry.
Article 20:
Protection against
Double Jeopardy
SAURABH PRASHANT {
applies.
No person can be
LTC/Travelling allowance.
prosecuted-
offense twice.
declared,...
SAURABH PRASHANT {
Art.311: central-service/state-
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dismissed/removed/reduced in
Justice apply in
every case.
Every accused is
himself.
given the
opportunity to
notification } [SSC]
defend himself-
due to Election...
national security
Guru)
hyperlinked thatswhy it is
not opening. go to upsc
website- check cisf
departmental exam
witnesses etc.
Jurisdiction is
territorial in nature.
e.g. Hunting
bear/deer is legal in
certain states of
USA. Indian citizen
goes there, hunts
wild animals. Indian
declared,...
when he comes
back.
marijuana in
2013 Exam...
Netherlands and
shooting
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pornography in
California.
matter if he himself is a
witness / complainant in
that crime.
Police/Sarkaari
Vakil will have to
prove the case
beyond all
reasonable doubts
that accused
person indeed
committed the
crime.
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Burden of Proof in
establishing a case
lies on the
preponderance of probability.
prosecution.
Benefit of doubt
goes to the
accused.
Evidence Act
applies
Criminal Procedure
code applies
following points:
Hear-say evidence is
not admissible e.g.
Witness claims
depicted.
Tape recorded
conversations are
admissible in court. But
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corroborative
evidences, otherwise
termed as weak
evidences.
Document cannot be
accepted as evidence
IF the person who wrote
the document, is not
available for cross-
examination.
Evidence of accomplice Evidence of accomplice may be
needs corroboration.
Circumstantial
evidences enough for
conviction- but must
complete the chain of
events.
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1. office life
2. public life
3. financial life
4. personal life
Work related
1. Must not engage a private person to perform his
official duties. (see case study at bottom)
2. Unauthorized absence from duty=misconduct. (see
case study at bottom)
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Sexual harassment
Must not discriminate agains working woman. Must not
indulge in sexual harassment- including
1. physical contact and advances
2. a demand or request for sexual favours
3. sexually coloured remarks
4. showing pornography
5. any other unwelcome physical, verbal or non-verbal
conduct of sexual nature
Strike
1. Must not join any employee union/ labour union
without government permission.
2. Must not threaten to go on strike to meet his demand /
demand of any other Government servant
3. hunger strike, refusal to accept salary, noncooperation with superior officer and other
satyagraha type activities also forbidden.
Generic
1. maintain absolute integrity
2. maintain devotion to duty
3. Avoid conduct unbecoming of a Government servant.
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Freedom of Speech
Shall not divulge information he got during his official
capacity-to a third party- except under good faith or
when required by the law / departmental rules.
shall guard the official secrets. (Except where RTI
applies.)
Shall not make any public utterance that would
embarrass relations between
union vs state
state vs state
India vs foreign country
executive/judi./legislature
Criticizing any policy of union / state government.
Needs government permission before publishing book
/ writing in newspaper / appearing on TV radio
EXCEPT literary, artistic or scientific character.
He shall not do above things even anonymously or
pseudonymously.
Politics
must not take part in politics
must not give election fund/ assistance to any political
party
Can vote. But must not tell his preference to other
people.
Must not display any election symbols on his person,
vehicle or home.
Must not participate in rally, dharna-pradarshan, and
demonstration without government permission.
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Sharemarket
1. Must not make speculative investment in share
market. Frequent purchase or sale of
bonds/equity=counts as speculation. Because
speculative=risky=can make him indebted. and
indebted employee= more likely to accept bribes.
2. Must not buy shares/bonds from people he has official
dealings with. because this opens pandoras box for
bribe transfer. e.g contractor sells his shares worth 1
lakh (at current market rate) to engineer at a
throwaway price of just Rs.10000.
3. An occasional investment in Mutual funds/ ULIP etc.
permitted. But has to notify government about such
movable assets.
Private trade
1. Must not take any Private trade or employment
without government permission.
2. Must not accept any fees from any public / private
authority without government permission. (e.g. can
write scientific article in magazine without government
permission but IF magazine editor gives him money for
the article=> must get governments permission before
taking that money).
3. Must not involve in management of any cooperative
society, bank, and company without government
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permission.
4. If he is an officer bearer in any Co-operative Societies,
Institutions, clubs, gym etc. must maintain its
finances with full integrity.
5. Must not promote his family members
insurance/commission agency.
Loans related
1. Must not lend money to any person at interest rate.
2. Must not borrow/lend money to any person he has
official dealings with. (same for his family members)
3. Can borrow/lend money to a friend/relative but only
small amount, temporary period, interest free.
4. Must avoid Insolvency and habitual indebtedness.
Property related
Must furnish details about movable or immovable property
bought/sold by him or his family. (including purchase,
sale, renting, leasing, mortgage, gift.)
employee rank
class 3, class 4
class 2, class 1
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Marriage/family
1. Bigamy prohibited. Even if bigamy permitted under his
religions personal law- he needs to get government
permission.
2. Must not give dowry, take dowry or demand dowry.
3. Must not neglect his parents, wife and children.
4. Must not employ child labor
5. Observe age limit in marriage. Must not marry off his
underage children, must not attend such ceremonies
of other relatives.
6. Must not involve in adultery, moral turpitude etc. Moral
turpitude is not limited to sex and unnatural
relationship. It implies depravity and wickedness of
character anything that could shock the moral
conscience of society in general.
7. protect environment, wild life and cultural heritage and
other fundamental duties;
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his relative.
Gifts
1. Must not accept gifts, free transport, boarding,
lodging, lavish hospitality or frequent hospitality etc.
from anyone he has official dealings with.
2. Must not allow his family member/ middlemen to
accept ^such gifts/hospitality either.
3. A casual/occasional meal, lift or other social hospitality
= doesnt count as gift.
4. Can accept gifts during weddings, anniversaries or
religious functions. As long as theyre within
reasonable limits and social norms.
5. Must declare expensive gifts received by him / his
family member.
Cases studies
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Unauthorized absence #1
4. Dev recently cleared UPSC exam and got allotted to
Revenue service. In his first posting itself, He is
shocked by the level of corruption in the department.
His juniors and superiors are stonewalling all of his
attempt to provide honest administration. Dev is
frustrated, decides to re-appear in UPSC exam again
to become an IAS/IPS/IFS hoping hell have more
freedom there. He stops reporting on duty. Boss Prem
Chopra is happy that headache employee is gonecontinues sanctioning DevAnands full salary, takes
no action on Devs unauthorized absence from duty.
hint: Unauthorized absence from duty = misconduct. Both
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Unauthorized absence #2
5. Young DCP DevAnand leads a team to another state,
to arrest a mafia don involved in ransom cases in his
city. But for the fear of information leakage, he doesnt
inform his superiors or the local police. During the raid
don escapes, there is gun-battle in a public place
causing lot of panic and fear among local public.
Commissioner Pran reprimands DevAnand in front of
his staff for this #epicfail, calling him idiot/incompetent
etc. Dev feels emotionally hurt and becomes Devdas,
stops reporting on duty and goes to USA to spend
time with his cousin. Pran does not take any action
thinking hotshots like DevAnand are not suitable for
police work but it is difficult to remove an All India
service officer because of the protections under
article 311. so its good he is gone by himself, Ill just
ignore him.
hint: Unauthorized absence from duty = misconduct. Both
are guilty of wasting public money.
Satyagraha
6. Same case like earlier. DCP DevAnand failed to arrest
the Don despite all good faith. Commissioner Pran
reprimands DevAnand in front of his staff for this
#Epicfail. Dev feels emotionally hurt, goes on a
hunger strike demanding apology from the
commissioner.
hint: using hunger strike to compel superior officer to do
xyz thing=misconduct. It doesnt matter how noble
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Misc. cases
10. PWD engineer DevAnands wife wants to setup a
beauty parlor. Local Contractor Prem Chopra says
Ive an empty shop, and Ill rent it to you at market
rates. Dont worry, Im renting in good faith, wont
demand any favors from your husband later on.
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Previous Posts
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book
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[Ethics] UPSC uploads sample questions for General
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Studies (GS)
Mains Paper 4
(Ethics, Integrity
AND Aptitude)
[Decision
Making] Official
Answers for
CSAT 2012s
Decision Making
Questions
[Decision
Making] What
answer did
UPSC like for
CSAT 2011?
non-evasive,
non-pliant,
upright
41
Chester
sirrrrrrrrrrrrrrrrrrrrrrr..
Thanks 4 starting your Brainstorm sessions on ARC Reports
Though if u fail to finish all the reports in this short time, BUT it
will help in 2014 mains splendidly..
WE are eagerly waiting for THIS SERIES
Thanxxxxx
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:-)
Reply
Amani
Thank you sir.
Reply
Mohit
Thanx a lot.
Waiting for S&T compilation for Sep-Oct.
Reply
anupam
he monu.is it you?????
Reply
gaurav
could u suggest some sources for Ethics paper.particularly for
these topics
1.ethics and human interface
2.dimensions of ethics,human values
3.moral & political attitudes,social influence and persuasion
4.Emotional intelligence,ethical guidance
5.contribution of moral thinkers& philosophers
since i have time,,, i m thinking of reading some standard
material rather than readymade stuff available in the market.
please guide. thanks in advance. :)
Reply
charlie
@mrunal
wrt first case, based on immediate case precedent,new sdm is
taking a cautious approach because earlier sdm was removed
despite his good faith.so sending proposal and asking wriiten
confirmation seems a cautious approach because if anything
goes wrong there will be a proof that a discussion indeed had
happened and was based on reasoning and not malafide
intention.why is it then evading responsibility. pls elaborate
Reply
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H.s
same doubt
Reply
Da Vinci
@Charlie
Because the principle of subsidiarity, which is followed
in govt. service, states that a job should be done at the
lowest authorized level, and so, buck should not be
unnecessarily passed up the ladder just out of fear of
wrongful persecution. Every govt. servant, according to
his level in the hierarchy and the corresponding
authority, has to proportionately bear the risks
associated with the governmental decision making. In
the said case, it is the SDMs responsibility to scrutinize
and clear/not clear the project file, according to his best
judgement in good faith, without any fear or favour.
Similarly, for projects greater than 5 lakhs, say upto 25
lakhs, maybe it is the responsibility of DM, and from 25lakhs to 1 crore, of DMs boss, and so on. Now imagine
the situation when at each level, everyone sends the
files lying within their jurisdiction to their seniors.
Eventually, all files (lakhs and crores of them) will reach
Prime Minister level. How can we expect the govt. to
function smoothly in such a case? In response to the
case of SDM being persecuted for the wrongs
committed by the NGO, I would say the lesson to be
learned here by other SDMs like me is to be extra
vigilant and try to scrutinize the project files of NGOs
more comprehensively. Evading responsibility is not a
solution. It shows lack of commitment, dedication,
integrity, honor, and presents you as a person of weak
character. Imagine an Army jawaan on the border, or
CRPF jawaan in Naxal-affected areas, or a police man
patrolling the streets at night, or even a security guard
sitting in an ATM vestibule. They all face unwanted
risks and dangers to life, far greater than the SDM, but
we dont expect them to say anything about it. Similarly,
the case study given above is the kind of risk faced by
civilian officers like SDM, etc. So we have to take them
in our stride as we go, so as not to create the
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charlie
@ da vinci, thanks for clarification ,actually i
was more concerned with honest sdm getting
transferred thats why i raised the issue but i
realised now that being transferred is part and
parcel of the job till honesty is not properly
accepted in practice in all walks of life..
one more query is extramarital affair
violation of code of conduct . if yes ,how . will it
constitute a part of moral turpitude ,bcoz
according to moral turpitude definition an act
should shock the conscience of society in
general.pls elaborate bcoz shock is harsh
word
Reply
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Ravi Jain
Respected All,
Given the scenario, I am of the view
that the case present only the
following scenario:SDM should take the decision as
per his/her job requirement and
passing the buck would be of no
good to the state. Not doing the
same for the fear of persecution
would lead policy paralysis and the
whole government machinery would
stop. However before taking the
decision to allot discretionary grant
to a particular NGO he/she should
have a meeting (where minutes of
the meeting are recorded) with his
seniors and discuss the criteria
which should be formulated for
sanctioning the grants (keeping in
mind the suspension of last SDM).
This would help him/her in taking an
informed decision without the fear of
persecution.
Reply
GuruBoy
@ DaVinci
Yes but I dont think getting shot at by your
own government is in job description of any
soldier out there.
many government officials not just IAS chose
to evade their duty because they might get
their butt kicked even for doing right thing. UP
is flooded with these cases. In MP one IPS
and one other public servent died in accident
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vishal kumar
thank you sir.
Reply
Abhishek
Mrunal bhai The Hindu ka science summary kar do publish
please, bahut kam din bache hain
Reply
Mohd Ashraf
Thanks mrunal sir for this valuable information..sir i am goin to
appear in kashmir adminstrative services mains in feb march
plz provide a detailed analysis n expected questions of kas..
Reply
xyz
acchi acchi books ka naam b bta do.ethics and integrity vale
paper k liye
Reply
manee
thanksmrunalblessing for non delhites.its really tough to
extract material on ethics from netpls continuefewww hrs left
for exam
Reply
charlie
@ da vinci, thanks for clarification ,actually i was more
concerned with honest sdm getting transferred thats why i raised
the issue but i realised now that being transferred is part and
parcel of the job till honesty is not properly accepted in practice
in all walks of life..
one more query is extramarital affair violation of code of
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sikandar
much awaited topic. thanx sir.
Reply
gaurav
Thanks a lot bhaiji
Reply
rajan
JPSC is round the corner. Please give some advise.
Reply
jitendra
Please sir post article on JPSC, examination is getting closer and
closer. In am waiting for your responce
Reply
dr d prajapati
@durga shakti nagpal
are u the real durga nagpal?
no offence
jus curious
Reply
Da Vinci
:)
Reply
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Reply
Abhishek
bahut sahi madam, aapki baaten aur kaam
dono ka hi jawaab nahin hai
Reply
dr d prajapati
:)
ya well said durga shakti nagpal.
how come u here ;) if i may ask and assuming
u real d.s.n
Reply
Ravi Jain
Whats in a name clarifies succinctly that you
are not the Durga Shakti Nagpal. :)
Reply
Nikhil kumar
WHATS THERE IN A NAME. . .
but even below this sentence , shakespear
wrote his name . :D
Reply
dr d prajapati
@ravi
;D hm
Reply
dr d prajapati
@d.s.n/da vinci/dan brown
no offence pals
:)
Reply
srs
what is evidence of accomplice??
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Reply
srs
In conduct rules # 2 public life. You mentioned giving election
funds to political parties not allowed. I have donated money to
AAP after their website answered that govt employees cannot
join a political party but can donate to election funds..
Reply
sameer
plz post an article about OPSC
Reply
jd
Very, Very Brief summary of this article:
Conduct rules are set of rules, norms, practices, expectation
from the employees and organization in discharging their duties
and responsibilities. A public servant needs to follow these in
personal, public, financial and official domains.
Avoiding conflict of interest, enabling good working environment
and relations are the objectives. Article 311 provides security
and opportunity for officer to defend his stand in front of Inquiry
Committee. All India service Rules 1976 guides the civil servants
in their professional life.
Reply
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Neha Gupta
All those Conduct rules are demotivating, so many reasons *not*
to take up a govt job. -_Reply
Naveen Shekhar
great,just awesome
Reply
Gaurav
In case study no. 10, what should the wife of the engineer do?
Should she drop the idea of setting up a beauty parlor? If she
goes on to find a shop for rent, there is very high probability of
finding a shop at the best price through property
dealers/contractors who are somewhere involved with PWD.
What should she do then?
Reply
GuruBoy
Hi mrunal,
I have a question,
Can any tribunal or administration take action against an IAS if
there are evidence of misconduct before his deputation in
services, e.g. Mr X is working in IFS, before being an IFS he was
working in a bank ( private or public) he leaves bank to join IFS,
but in later years it is discovered that he was directly/indirectly
involved in misconduct, which is not grave enough to launch an
FIR but if he were still an employee he would have got at least
termination.
1. Are such reasons enough to launch an inquiry against officer,
since he was involved in a scam, it was not persecuted but still
doesnt it questions his character.
2. Let just say his actions are beyond banks jurisdiction and
now it depends if bank wants to go to court or not, will he get
suspended by relevant authorities.
Thank you and Regards
Guru Boy.
PS : I think Firefox hates you, my browsers dictionary thinks
mrunal should be converted into communal :) no matter how
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many times I add your name into it, it keeps doing that.
Reply
!
Your Good Name (
?)
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http://mrunal.org/2013/11/ethics-conduct-rules-meaning-implication-examples-misconduct-vs-crime-and-case-studies.html
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