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 this matter is not resolved at the earliest in his favour there is somebody in his office who is waiting to file a case against you under the POSH Act.

Discuss the ethical issues involved in the case. What are the options available to you in this situation? Explain your selected course of action.

Ethics
Ethics: Case Study
2020
20 Marks

Introduction This case highlights a tragic incident exposing a blatant disregard for public safety and the rule of law, reminiscent of the recent building collapse in Bhiwandi, Maharashtra.
The central ethical dilemma lies in upholding public trust and ensuring justice versus succumbing to pressure and compromising integrity, exemplified by the Vyapam scam where corruption and collusion led to tragic consequences, and the ethical theory best applied here is the deontological approach.

Stakeholder Identification Deceased labourers and their families, injured labourers, the builder, municipal corporation officials (including the current and previous commissioner, building inspector), the state government (including the minister related to the builder), the public, and civil society organizations.

Ethical Issues Involved

  1. Dereliction of Duty: The building inspector failed to perform due diligence, overlooking deviations from approved plans and potentially accepting bribes, highlighting a lack of integrity.
  2. Collusion and Corruption: The case strongly suggests a nexus between municipal officials and the builder, potentially involving bribery and favoritism, undermining the rule of law.
  3. Violation of Rights: The construction encroached upon public spaces, violating the public's right to a safe environment and proper urban planning, a clear injustice.
  4. Lack of Transparency: The approval process for the mall lacked transparency, raising suspicions of corruption and undermining public trust doctrine.
  5. Conflict of Interest: The previous commissioner's friendship with the builder creates a conflict of interest, potentially influencing his decision-making.
  6. Abuse of Power: The builder's use of his political connections to influence the investigation and his threat to file a false POSH Act case represent an abuse of power.
  7. Public Welfare vs. Private Gain: The builder prioritized profit over public safety by using substandard materials and violating building codes.
  8. Duty vs. Morality: The current commissioner faces a conflict between his duty to uphold the law and the pressure to protect his colleagues and friend.

Options Available

  1. Succumb to Pressure: Cover up the anomalies, accept the builder's offer, and protect colleagues and the previous commissioner. This would be a severe violation of the rule of law and public trust.
  2. Conduct a Superficial Enquiry: Conduct a perfunctory investigation, assigning minimal blame to appease public outcry without addressing the root causes. This would be a dereliction of duty and a failure of justice.
  3. Conduct a Thorough and Impartial Investigation: Investigate diligently, expose all involved, and recommend strict action regardless of political pressure. This aligns with the principles of justice, courage of conviction, and the rule of law.

Selected Course of Action Conduct a thorough and impartial investigation, ensuring accountability and transparency. This approach aligns with deontological ethics, prioritizing duty and moral righteousness.

  1. Immediate Action: Secure the site, provide medical assistance to the injured, and initiate an independent inquiry into the collapse. This addresses the immediate needs of the victims and ensures an unbiased investigation.
  2. Evidence Gathering: Collect all relevant documents (building plans, inspection reports, material testing results), interview witnesses, and secure expert opinions on the structural failures. This ensures a comprehensive understanding of the incident and its causes.
  3. Legal Proceedings: File criminal charges against the builder, building inspector, and any other officials involved in the illegal construction and negligence. This upholds the rule of law and ensures accountability.
  4. Transparency and Public Disclosure: Publish the inquiry findings, making them accessible to the public. This promotes transparency and strengthens public trust.
  5. Policy Changes: Recommend changes to building codes, inspection procedures, and approval processes to prevent future incidents. This demonstrates a commitment to systemic improvement.
  6. Address POSH Act Threat: Consult legal counsel and document the builder's threat, demonstrating a commitment to due process and resisting intimidation.
  7. Seek Support: Engage with anti-corruption agencies, media, and civil society organizations to create public pressure and prevent interference in the investigation.

Conclusion This case underscores the importance of integrity, due diligence, and the rule of law in public service. The 2G spectrum scam serves as a stark reminder of the consequences of corruption in public office. By choosing to uphold ethical principles, the commissioner can restore public trust and prevent future tragedies. An ethical way forward involves strengthening regulatory oversight, promoting transparency in construction projects, and fostering a culture of accountability within the municipal corporation. Whistleblower protection mechanisms and independent audits can further deter corruption and ensure ethical conduct.

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