2017 Mock Test 12- Case Study-4

The situation is conflicting one as at one end I, as a secretary of Environment and forest department is required to follow the orders of Chief Minister of State and on other hand immediate implementation would require by passing the rules.
Implementing the orders of Chief Minister would immediately bring many poor under Nistar facility. The poor will have access to state resources like fuel wood, bamboos etc.
Immediate implementation would bypass rules and due to paucity of fund may not give desired results. Arrangements for the transfer of forest resource to non forest people would require identification of beneficiaries and how much resource can be transferred without compromising on the share of people living in vicinity of forest. Violation of rules can lead to suspension if any enquiry is held.
One course of action that can be taken is implementing the order given by Chief Minister. Immediate action would alleviate the suffering of poor who are living the areas not covered by Nistar. The decision is taken in good faith, thus it can be explained as need arises. This decision would be still vulnerable to challenge by current beneficiary as resources are being redistributed.
Another alternative could be to delay implementation so that and funds allotted to them can be arranged. This would require convincing the Chief Minister that any hurry in implementation may defeat the purpose. Without adequate and dedicated funds the scheme cannot be continued for long time. Since the issue has been taken a priority by the Chief Minister the rules can changed expeditiously and funds allotted.
My course of action would be asking for written orders from the Chief Minister so that the process can be initiated at the earliest. The written order would be best way to expedite the process of extension of scheme. The written orders would be a safeguard against any legal hassle. The rules can be changed following the order. Implementation and making arrangement would still take time but with orders things can start.

Question for UPSC Mains:
You are the secretary of the environment and forest department in your state. Certain districts in your state enjoy the Nistar facilities by virtue of being forest districts. Nistar entitles the residents of villages bordering forest area, within a periphery (around 5 km) to get forest produce like fuelwood, poles, bamboo at concessional rate depending on the availability. However, not all districts have Nistar facilities because not all of them are forest districts. The chief minister of your state wants you to extend the Nistar facility to non-forest districts as well, so that the poor villagers throughout the state can take the benefit of the state resource. The chief minister wants you to begin supplying forest produce to the non-forest district as soon as possible. Your action to implement the chief minister's request comes with certain consequences. You may have to ensure that the rules are changed and appropriate funds allocated before action can be taken, but this will take time. Thus, either you can go by rules to defy the request of the chief minister or you can defy the rules and follow the orders of chief minister.  However, if you follow the orders of the chief minister anyway, you could possibly land up with an enquiry and possible suspension for violation of rules.
  1. Examine the key ethical issues involved here.
  2. Analyze the two alternative courses of actions and define what will be your course of action.
  3. Give logical arguments to justify your course of action. {25 marks, 300 words}

Published: September 30, 2017 | Modified:September 30, 2017

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