2017 Mock Test 8: GS-IV: Ethics and Integrity Case Study – 5

The first option is the most ethical option, but the problem with this option is that the goal and purpose of the officer will not be solved. The officer believes that he can serve as a software engineer much better than in a non-technical position in the army. He also believes that he deserves better salary for his skills and further that he will tend to lose substantially in the next ten years, if doesn’t get the job of his choice.
The problem with the second option is that it is highly unethical. The approach could land him as well as the doctor with severe consequences, if caught. Although getting caught is a low possibility because the medical doctors recommendation may not be challenged. However, there is also a possibility that his CO orders for the recommendation by a medical board and not a single doctor.
The third option is also an ethical option but the demerit of this option is that he may not be able to leave the nation till the litigation goes on, while the fourth option is absolutely unethical and has no merits at all except that the officer might fulfil his goal through unscrupulous method, but his past will always be with him, haunting for life. He may not be able to come to India for ever and if he ever came, he will have to adopt unethical means so that the law does not catch up with him.
In my opinion, Major Sunil Kumar should send in his resignation letter, clearly and truthfully stating his ground. If his request is turned down, he can go in for litigation. If he loses the case in litigation, he can go in for appeal. He may then pursue his case in a civilian court, if the military court declines his request. This is the recommended option for Major Sunil Kumar because, if he believes he is right, he has every right to fight his case until all the options are exhausted. However, one huge demerit of this case is that he may have to remain in India for the duration of the case. The other options are also unethical. Alternatively, if he believes his case is ethical and has to do with his freedom to choose his career, he should pay back the all the cost of his training as stipulated in the rules. He may not have the means, but his PF and loan could possibly match up with the required amount.

Question for UPSC Mains:
Sunil Kumar is an officer in the Indian army in the rank of a major. While serving the armed forces for nearly ten years, Sunil Kumar also completed engineering course in the army with specialization in software engineering. According to the army rules, you must serve the armed forces for nearly 20 years before you can opt out of the service. In case you want to out of the service early, you have to refund the cost incurred on you against training, a substantial amount beyond your means is. Based on Sunil Kumar's engineering degree, has lucrative offers awaiting him from abroad. It could translate into five to ten times the current salary in the army. However, he can relinquish the armed forces services on very limited and exceptional grounds, including medical grounds. Here are some suggested options for Sunil Kumar.  Evaluate their merits and demerits and also indicate, if there is the other alternative in the current situation.
  1. Kumar can give an application explaining the offer from abroad and make a request for his early voluntary retirement. However, it is nearly certain that this would be turned down.
  2. Kumar, in consultation with an army medical doctor has found that he has some medical ailment but it is not severe enough that might be considered a reason for relieving him from the army. He can influence the doctor, a colleague to represent his case serious enough so that he can put in his papers.
  3. Kumar can put in his papers on this ground but once he is not relieved, he can pursue the case through judicial litigation which will drag on for years, giving him enough opportunity to pursue his new career.
  4. Kumar can simply vanish out of the armed forces and then let the army treat him in a way the absconders in the army are treated, while he can pursue his career in a nation where he got the job offer as this nation has no extradition treaty with the government of India. {300 words; 25 marks}

Published: September 22, 2017 | Modified:September 22, 2017