Case 9.14: A job offer for the son

Difficulty: Medium
Syllabus point: 7: dilemmas, conflict of interest
Values and laws tested: Conflict of interest, integrity, disclosure, impartiality; Rule 5 and Rule 3(1) of the Rajasthan Civil Services (Conduct) Rules, 1971; Nolan's "selflessness" and "honesty"

Illustrative exampleA job offer for the son

Anil is a Deputy Director in a district of Rajasthan and a member of the evaluation committee for a tender to supply computer labs to the district's schools. Three firms have bid, and one of them, "Firm A", has the lowest bid. Anil's son has just finished engineering and is unemployed; the family also has a loan. The firm's director meets Anil and says with great politeness, "Your son is promising. We would like to take him at a good salary. This has nothing to do with the tender." Anil knows that in the technical check some of the firm's documents look weak. Other committee members are watching. The committee's report is due next week, and colleagues have so far seen Anil as a straight officer. His wife says the offer is the answer to their prayers.

Stakeholders: Anil's son, Anil and his family, the other two bidders (the weakest, because they are unaware), committee members, the schools and students (who are to get good equipment), the department.
Issue: a son's interest and the family's need against the fairness of the tender; a conflict of interest where, even if Anil is not biased, the appearance of bias is created.
Options: A. Quietly accept the offer and trust himself to stay fair in the tender (relief for the family; but conflict, doubt on the tender, a breach of the rule). B. Refuse the offer but tell no one and stay on in the evaluation (his own hands are clean; but the appearance of conflict remains, and the firm may still hope). C. Disclose in writing, recuse from the evaluation, advise his son not to accept until the tender is settled, and once it is decided, move ahead only with prior government sanction if needed (a little delay and loss; but credibility survives).
Best: C. Under Conduct Rule 5 a government servant needs the Government's prior sanction before permitting a son, daughter or dependent to take employment with firms with which he has official dealings. Rule 3(1) demands integrity, and Nolan's "selflessness" says decisions must be taken only in the public interest.

Lesson

Action: Short term: full written notice of the offer to a senior (it may also be an attempt to influence him, so record the conversation), step away from the committee, ask the son to wait until the tender ends, reconstitute the committee. Long term: a rule that committee members declare interests, a record of job offers and gifts, transparency in the tender process.

Practice Questions

Practice questionabout 100 words

(10 marks, 100 words) What should Anil do? Solve with the five-step card.

Model answer

The stakeholders are my son, the other bidders, the committee, the students and the department. The issue is the family's need against the tender's fairness; even the appearance of conflict is harm. Routes: accept quietly, refuse and stay silent, or disclose in writing and recuse. The first breaks the rule; in the second the doubt stays. I choose the third, because Rule 5 needs prior sanction for a son's job with such a firm and Rule 3(1) demands integrity. I would report the offer in writing, leave the committee and ask my son to wait. Long term I would require declarations of interest.

Practice questionabout 50 words

(5 marks, 50 words) Explain the importance of "disclosure" and "recusal" in a conflict of interest.

Model answer

Disclosure keeps things open, recusal keeps the decision fair; a conflict arises not only from bias but from its likelihood.

Practice questionabout 50 words

(5 marks, 50 words) Suggest a long-term system to prevent such conflicts.

Model answer

Declarations of interest, records, transparent process, rotation of committee members.