2022 GS4 Answer

Q. Prabhat was working as Vice President (Marketing) at Sterling Electric Ltd., a reputed multinational company. But presently the company was passing through the difficult times as the sales were continuously showing downward trend in the last two quarters.

His division, which hitherto had been a major revenue contributor to the company’s financial health, was now desperately trying to procure some big government order for them. But their best efforts did not yield any positive success or breakthrough.
His was a professional company and his local bosses were under pressure from their London-based HO to show some positive results. In the last performance review meeting taken by the Executive Director (India Head), he was reprimanded for his poor performance. He assured them that his division is working on a special contract from the Ministry of Defence for a secret installation near Gwalior and tender is being submitted shortly.
He was under extreme pressure and he was deeply perturbed. What aggravated the situation further was a warning from the top that if the deal is not clinched in favour of the company, his division might have to be closed and he may have to quit his lucrative job.
There was another dimension which was causing him deep mental torture and agony. This pertained to his personal precarious financial health. He was a single earner in the family with two school-college going children and his old ailing mother. The heavy expenditure on education and medical was causing a big strain to his monthly pay packet. Regular EMI for housing loan taken from bank unavoidable and any default would render him liable for severe legal action.
In the above backdrop, he was hoping for some miracle to happen. There was sudden turn of events. His Secretary informed that a gentleman Subhas Verma wanted to see him as he was interested in the position of Manager which was to be filled by him in the company. He further brought to his notice that his CV has been received through the office of the Minister of Defence.
During interview of the candidate-Subhash Verma, he found him technically sound, resourceful and experienced marketeer. He seemed to be well-conversant with tendering procedures and having knack of follow-up and liaising in this regard Prabhat felt that he was better choice than the rest of the candidates who were recently interviewed by him in the last few days.
Subhash Verma also indicated that he was in possession of the copies of the bid documents that the Unique Electronics Ltd. would be submitting the next day to the Defence Ministry for their tender. He offered to hand over those documents subject to his employment in the company on suitable terms and conditions. He made it clear that in the process, the Sterling Electric Ltd. could outbid their rival company and get the bid and hefty Defence Ministry order. He indicated that it will be win-win situation for both-him and the company.
Prabhat was absolutely stunned. It was a mixed feeling of shock and thrill. He was uncomfortable and perspiring. If accepted, all his problems would vanish instantly and he may be rewarded for securing the much awaited tender and thereby boosting company’s sales and financial health. He was in a fix as to the future course of action. He was wonder-struck at the guts of Subhash Verma in having surreptitiously removing his own company papers and offering to the rival company for a job. Being an experienced person, he was examining the pros and cons of the proposal/situation and he asked him to come the next day.

(a) Discuss the ethical issues involved in the case.
(b) Critically examine the options available to Prabhat in the above situation.
(c) Which of the above would be the most appropriate for Prabhat and why?

Question from UPSC Mains 2022 GS4 Paper

Model Answer: 

(a) Ethical issues involved in the case:

Misuse of confidential information: Subhash Verma’s offer to hand over the bid documents to Sterling Electric Ltd. would involve the misuse of confidential information belonging to his current employer, Unique Electronics Ltd. This is a breach of trust and confidentiality and raises ethical concerns.

Conflict of interest: Prabhat is in a position of power as the Vice President (Marketing) at Sterling Electric Ltd. His decision to hire Subhash Verma could be influenced by his personal interest in securing the tender for his company, rather than solely based on the candidate’s merit. This raises concerns about a conflict of interest.

Bribery and corruption: Subhash Verma’s offer to hand over the bid documents to Sterling Electric Ltd. in exchange for a job offer could be considered as an act of bribery and corruption. Such practices can have serious legal, financial and reputational consequences for both individuals and companies involved.

Integrity and accountability: Prabhat has a responsibility to act with integrity and accountability towards his company, stakeholders, and society at large. He must ensure that his decisions and actions are ethical, legal, and transparent, and do not compromise the company’s values and reputation.

(b) Critically examine the options available to Prabhat in the above situation:

Accept the offer and hire Subhash Verma: This option would involve accepting Subhash Verma’s offer and hiring him, which could potentially lead to winning the tender and securing the future of his division and his job. However, this would also involve unethical practices, such as bribery and corruption, and could have legal and reputational consequences for the company.

Reject the offer and report Subhash Verma’s actions to his current employer: This option would involve rejecting Subhash Verma’s offer and reporting his actions to his current employer, which could potentially lead to legal and reputational consequences for him. However, this would also involve acting with integrity and accountability towards his company and stakeholders, and upholding ethical values and principles.

Reject the offer and continue with the existing recruitment process: This option would involve rejecting Subhash Verma’s offer and continuing with the existing recruitment process, which may involve hiring a less experienced or suitable candidate. This could potentially have negative consequences for the company’s chances of winning the tender and securing the future of his division and his job.

(c) Which of the above would be the most appropriate for Prabhat and why?

The most appropriate option for Prabhat would be to reject Subhash Verma’s offer and report his actions to his current employer. This option would involve acting with integrity and accountability towards his company and stakeholders, and upholding ethical values and principles. By rejecting the offer, Prabhat would also be avoiding potential legal and reputational consequences for himself and the company.

Prabhat could also consider taking proactive steps to improve the company’s chances of winning the tender through legitimate means, such as improving the quality of their bid, leveraging their existing relationships with the Ministry of Defence, and exploring alternative sources of revenue. By doing so, he could demonstrate his commitment to the company’s values and interests, and secure his position as a valuable employee.

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