UPSC Mains 2014 · GS IV · Q12 · 20 marks · 250 words · Case study

Suppose you are the CEO of a company that manufactures specialized electronic equipment used by a government department. You have submitted your bid for the supply of this equipment to the department. Both the quality and cost of your offer are better than those of the competitors. Yet the concerned officer is demanding a hefty bribe for approving the tender. Getting the order is important both for you and for your company. Not getting the order would mean closing a production line. It may also affect your own career. However, as a value-conscious person, you do not want to give bribe.

  1. Valid arguments can be advanced both for giving the bribe and getting the order, and for refusing to pay the bribe and risking the loss of the order. What those arguments could be? Could there be any better way to get out of this dilemma? If so, outline the main elements of this third way, pointing out its merits.

हिन्दी में

मान लीजिए कि आप ऐसी कम्पनी के मुख्य कार्यकारी अधिकारी (सी० ई० ओ०) हैं, जो एक सरकारी विभाग के द्वारा प्रयुक्त विशेषीकृत इलेक्ट्रॉनिक उपकरण बनाती है। आपने विभाग को उपस्कर की पूर्ति के लिए अपनी बोली पेश कर दी है। आपकें ऑफर की गुणता और लागत दोनों आपके प्रतिस्पर्धियों से बेहतर हैं। इस पर भी सम्बन्धित अधिकारी टेंडर पास करने के लिए मोटी रिश्वत की माँग कर रहा है। ऑर्डर की प्राप्ति आपके और आपकी कम्पनी, दोनों के लिए महत्त्वपूर्ण है। ऑर्डर न मिलने का अर्थ होगा उत्पादन रेखा का बन्द कर देना। यह आपके स्वयं के कैरियर को भी प्रभावित कर सकता है। फिर भी, मूल्य-सचेत व्यक्ति के रूप में आप रिश्वत देना नहीं चाहते हैं।

  1. रिश्वत देने और ऑर्डर प्राप्त कर लेने, तथा रिश्वत देने से इनकार करने और ऑर्डर को हाथ से निकल जाने—दोनों के लिए वैध तर्क दिए जा सकते हैं। ये तर्क क्या हो सकते हैं? क्या इस धर्मसंकट से बाहर निकलने का कोई बेहतर रास्ता हो सकता है? यदि हाँ, तो इस तीसरे रास्ते की अच्छाइयों की ओर इंगित करते हुए उसकी रूपरेखा प्रस्तुत कीजिए।

How a topper answered the closest question

Toppers wrote this one in a test series: “A state-of-the-art technology product is to be launched by a leading company on a widely advertised date, simultaneously at different locations in the country, for the first time. There is fantastic customer response and heavy bookings for the product. A big event is planned in Pune for the launch to which a large number of dignitaries, customers and media have been invited, thus ensuring extensive press coverage. The manager's career hinges on the success of the event and the launch. Three days before the scheduled launch date, the manager's deputy tells him that the trucks transporting the product have been detained at the octroi post outside Pune, ostensibly for want of some documents, and the octroi inspector is demanding a bribe for clearance of the consignment. "Should we pay the bribe?" the deputy manager asks the manager. What should the manager do? Discuss the course of action he can take. Keep in mind, that this is not an isolated incident. These kinds of things happen a lot in the country where a bribe is demanded for "quick solutions". Discuss an approach which can be followed in such situations.”

Gaurav AgrawalAIR 1 · CSE 2013 · 372 wordsTheir whole copy

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Body · points

  • A lot is at stake personally for the manager. And the temptation of paying the bribe is high.

  • However it is temptations such as these which have contributed to this "culture" of bribe-paying.

  • Paying the bribe is unethical on the following considerations:

    • Paying bribes worsens the "culture" for everybody. The people like the octroi inspectors, will see it is so easy to extract bribe and there is no fear of punishment. This will make things worse for everyone in the country and thus the utilitarian and the common good approaches disapprove of it.
  • Then it is our duty to be honest while doing our work and thus even deontology approach holds it unethical to bribe.

  • Instead we should find a solution which not only punishes the inspector in this case but also creates a deterrent for others. And in the case our shipment is delayed, it should also not affect the manager adversely.

  • Also, the manager should keep his superiors in loop.

  • Perhaps what we need is to publicly shame the inspector. For this we will need some kind of evidence. Maybe we can have a meeting with him where he asks us for the bribe and discusses it and we record it on a hidden camera.

  • Once we have a prima facia

evidence of his guilt, we can file a police complaint against him. We can also call a press conference and present the evidence. We can contact any political parties and NGOs which work against corruption and present the case against the inspector. We can upload the video on youtube and other social networking sites.

  • This will have following effect: • The inspector would be punished. • The expose would act as a deterrent for other bribe seekers. It would also inspire other oppressed people to employ similar techniques. More exposes would come and fear would set in the minds of bribe seekers. • We would also be arranging the documents asked. If the equipment is still not released in time, the positive publicity would outweigh the loss. In the meantime, we can talk to his boss, explain the situation and request the venue to be shifted out of Pune

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Source: UPSC, Civil Services (Main) Examination 2014, General Studies Paper IV, Q12. The paper on upsc.gov.in. Themes and links to toppers’ answers are by UPSC Grade, not by UPSC.