You are a municipal commissioner of a large city, having the reputation of a very honest and upright officer. A huge multipurpose mall is under construction in your city in which a large number of daily wage earners are employed. One night, during monsoons, a big chunk of the roof collapsed causing instant death of four labourers including two minors. Many more were seriously injured requiring immediate medical attention. The mishap resulted in a big hue and cry, forcing the government to institute an enquiry. Your preliminary enquiry has revealed a series of anomalies. The material used for the construction was of poor quality. Despite the approved building plans permitting only one basement, an additional basement has been constructed. This was overlooked during the periodic inspections by the building inspector of the municipal corporation. In your enquiry, you noticed that the construction of the mall was given the green signal despite encroaching on areas earmarked for a green belt and a slip road in the Zonal Master Plan of the city. The permission to construct the mall was accorded by the previous Municipal Commissioner who is not only your senior and well known to you professionally, but also a good friend. Prima facie, the case appears to be of a widespread nexus between officials of the Municipal Corporation and the builders. Your colleagues are putting pressure on you to go slow in the enquiry. The builder, who is rich and influential, happens to be a close relative of a powerful minister in the state cabinet. The builder is persuading you to hush up the matter, promising you a fortune to do so. He also hinted that if this matter is not resolved at the earliest in his favour there is somebody in his office
a. Who is waiting to file a case against you under the POSH Act.
b. Discuss the ethical issues involved in the case.
c. What are the options available to you in this situation? Explain your selected course of action. (250 words) [UPSC 2020]
Ethical Issues and Options in the Case of Mall Construction Collapse
**1. Ethical Issues Involved
a. Violation of Safety and Building Standards:
The use of poor-quality materials and unauthorized construction of an additional basement compromises safety standards and directly led to the deaths and injuries of workers. This reflects gross negligence and disregard for human life.
b. Corruption and Collusion:
The discovery of anomalies, such as the unauthorized additional basement and encroachment on green belt areas, points to possible corruption and collusion between municipal officials and the builder. This undermines public trust and indicates systemic corruption.
c. Pressure and Threats:
You are facing unethical pressure from colleagues to delay the enquiry and threats from the builder to file a case under the POSH Act, if the matter is not resolved in his favor. These actions are intended to manipulate and intimidate you, challenging your integrity.
**2. Options Available
a. Conduct a Thorough and Transparent Inquiry:
b. Address the Pressure and Threats:
c. Uphold Legal and Ethical Standards:
**3. Selected Course of Action
a. Initiate an Independent Inquiry:
I would proceed with initiating an independent inquiry to ensure a transparent investigation of the construction anomalies and the corruption involved. This step will help maintain public trust and ensure accountability. Engaging external experts or a special inquiry committee can provide an unbiased review.
b. Report and Document Evidence:
Compile all evidence of the violations and the pressure tactics used against you. This documentation will support the integrity of the inquiry and serve as a basis for legal actions against those involved.
c. Seek Protection and Inform Higher Authorities:
Notify higher authorities about the threats and seek their intervention. This will not only ensure your safety but also reinforce the seriousness of the investigation. It is crucial to demonstrate that the inquiry will proceed without external interference.
d. Enforce Corrective Actions and Accountability:
Ensure that the mall’s construction is halted until compliance with safety standards is achieved. Take legal actions against the builder and municipal officials involved in the corruption. Publicize the findings to uphold transparency and deter future misconduct.
Conclusion:
In this complex and challenging situation, maintaining ethical standards, transparency, and accountability is paramount. By conducting a thorough independent inquiry, documenting evidence, and enforcing corrective actions, you can address the serious ethical issues involved and work towards justice for the affected individuals.
Model Answer
Introduction
The tragic collapse of a mall under construction in your city, resulting in the deaths of four laborers, raises significant ethical concerns surrounding corruption, negligence, and the exploitation of workers. As the municipal commissioner, the responsibility to address these issues while maintaining integrity and public safety is paramount.
Ethical Issues Involved
1. Corruption
The use of substandard materials and the construction of an unauthorized additional basement indicate systemic corruption and a blatant disregard for public safety.
2. Negligence
The failure of building inspectors and officials to notice code violations represents a severe neglect of their professional duties, putting lives at risk.
3. Compromised Integrity
Your friendship with the previous Municipal Commissioner, who approved the project, raises questions about integrity and favoritism in decision-making processes.
4. Influence and Power Dynamics
The builder’s close ties to a powerful minister underscore the potential for influence peddling, complicating the investigation and pressuring you to overlook misconduct.
5. Exploitation of Labor
The deaths of daily wage laborers, including minors, highlight the exploitation of vulnerable populations, raising moral questions about worker safety and rights.
Options Available to the Municipal Commissioner
1. Conduct a Thorough Investigation
Ensure an unbiased inquiry involving experts to assess the situation comprehensively.
2. Report Findings to Higher Authorities
Present the findings transparently to relevant government bodies and anti-corruption agencies.
3. Refuse Corruption Offers
Decline any attempts to hush up the incident or accept bribes.
4. Support Affected Families
Provide assistance to the injured and the families of the deceased, including medical aid and compensation.
5. Implement Safety Measures
Establish stricter adherence to building codes and regular inspections to prevent future incidents.
6. Seek Legal Protection
Consult legal experts to safeguard against potential retaliatory actions or false accusations.
Selected Course of Action
As the municipal commissioner, you should:
Conclusion
By prioritizing integrity and conducting a fair investigation, you can uphold ethical standards, foster transparency, and restore public trust in municipal governance. This approach will serve as a strong deterrent against corruption and malpractices, setting a precedent for ethical conduct within the administration.