Decision making is very important in Govt sector & a fearless environment is necessary to make right decision

1.  Decision
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making–
Professional hazards
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R P Saxena
Sr Professor Engg
Indian Railway Institute of civil Engineering
Pune
 rpsaxena@iricen.gov.in
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2. DECION MAKING IN GOVT
Officer are for Taking decisions
 Policy decisions
 Case to case decision
 Spl cases which are not coming within
purview of policy
 Change in policy
 Decision to overcome a unforeseen situation
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3. DECION MAKING IN GOVT ( CONTD)
Stakes are very high in Govt decision at
higher level
 Sanction of Project ,loan , restructuring etc
 Granting exemption & concessions
 Disinvestment
 Industrial houses are benefitted by thousands of
crores by just tweaking in Govt policy
 Intense Lobbying for influencing policy decison
 Every decision benefit/ Annoy somebody
either you or your rival
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4. DECISION MAKING
Decision making is biggest cause of
vigilance complaints
 Professional hazards for decision maker
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No decision making ..no complaints ..
 Dangerous for Govt –Policy paralyses
 So what to do?
 Do nothing….?
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5. DO NOTHING IS VERY DIFFICULT

6. PSYCHOLOGICAL FEARS IN DECISIONS MAKING
Agencies waiting with net
to catch
 Account
 Vigilance
 Audit
 CBI
To assist all above
agency ,there is RTI -

7. IT MAJOR WIPRO'S CHAIRMANAZIM PREMJI SAID
FEW DAYS BACK
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"complete absence of decision making"
in the government is the biggest concern for
the country and warned that growth would
suffer if prompt corrective action is not
taken.
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"I think the biggest concerns are governance
issues... complete absence of decisionmaking in the government...",

8. DISADVANTAGE OF DECISION PARALYSIS
Environment of fear and suspicion is
detrimental to any government efforts to be
investor friendly,
 Investor will be reluctant
 No new investment .. No growth
 Paralysis in Govt
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9. WHAT DECISION MAKERS WANT
If we don't act, we are labelled obstructionist
and red tape. If we meet investors and factor
in their inputs in our policies or
decisions, even without malafide intent, we
are labelled corrupt. How can we work like
this?“
 Bonafide actions, taken in national
interest, even if they are proved incorrect
later, must not be questioned unless
malfeasance is proved,“
 present situation will bring all decision
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10. ENVIRONMENT OF FEAR SUSPICION
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This environment of fear and suspicion is detrimental
to any government efforts to be investor friendly
I am Safe ( no longer )
"If I could be dragged out of my retirement by CBI
for something I did a decade ago, then Iwill never
feel safe from such persecution till the time I die,”
No agency question indecision orthe cost of not
taking decision
. "So it's best not to take decisions –
it's better than my grandchildren seeing me in
prison."

11. THE ROLE OF THE CIVIL SERVANT IN
CONTROVERSIAL GOVERNMENT DECISIONS.
starting with the CBI booking ex-telecom
secretary Shyamal Ghosh, then ex-coal
secretary HC Gupta and now PC Parakh,“
 Acting on oral instruction of political boss
 Owning up of responsibility for a
decision.(commendable PM in coalgate)
 Whether any quid pro quo between the
decision-maker and the beneficiary, and
establish any loss caused to the public
exchequer from the decision
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12. IMPORTANT ASPECTS IN ANY DECISION
whether the Coal Secretary fell in line after he
had been spoken to by the PMO,
 or whether he was coerced.
 Equally important is whether he had brought on
record any oral instruction received from the
PMO.
 , and whether this was a case of the PMO
simply overturning the Secretary’s
recommendation and taking its own decision.
 whether the Prime Minister’s ultimate approval
was communicated in the form of a speaking
order
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13. CONCERN OF HONEST OFFICERS
CBI should not draw hasty conclusions
 Reputation of an officer built over decades
is involved when investigating ordered or
FIR registered
 One has to take many decision in his
service ..if one decision is considered
wrong at later date ……….?
 Should he be hanged ?
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14. CBI IS FOR DISHONEST PEOPLE –DIR CBI
sizeable number of officials who are willing
to crawl before the political executive for
receiving out-of-the way benefits, including a
post-retirement job.
 A few have also been suspected of
feathering their own nests, either on their
own or in collusion with a minister.
 This small coterie which has to be scared
of the CBI, and not the upright one.
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15. NO FEAR FOR HONEST OFFICERS-CBI DIR
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An honest officer need have no fears.
It is the one who does not put down his note in
clear language, especially when an improper
demand is made on him by his Minister, who usually
comes to grief.
It is necessary is to leave a note on file why an
earlier decision was being replaced or modified.
Always place one’s stand in writing in a
file, however distasteful the opinion,
It is the best way to deal with a dishonest Boss and
handle any future CBI enquiry with a clear
conscience.

16. PROTECTION AVAILABLE FOR GOVT OFFICER
No cognigence of any offence under Pc act
without prior Govt sanction
 No investigation under PC act for officer at
Joint secy level & above
 No investigation for Anonymous complaint
 No investigation for named complaint but
could not be verified ( pseudonymous)
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17. PROTECTION AVAILABLE FOR HONEST OFFICER
Anonymous complaint used to delay
promotions
 Public interest disclosure & protection of
informer Resolution 2004
 2010-All complaint against Senior officer
secretary & above including CEO or
directors of PSU should be first referred
to cabinet secretary for placing before
group of secretary before investigation starts
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18. No protection to Retired officer
 They can be investigated for their action
when was in service without protection
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No one can stop complaints , enquiry &
resultant harassment but if you have
written rational behind your decision ,
final out come will be in your favor

20. PROFESSIONAL HAZARDS
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During course of duty , an officer is exposed to
situation where several vested intrests are involved
& his decision affect adversally some body or other .
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Such disgrunteled element try to level score with
such officer by reporting various action either to
vigillence or to CBI
This results in many false complaints against officers
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In enquiry of any decision ,always two views can be
taken as only thin line exist between Public
intrest & self interest
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As such officer is subjected to harrasment

21. COMMON MISTAKES DONE BY MOST OF US
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In our zeal ,sometime we take out of way decision to
expedite some work without recording proper reason
in detail on file
Very innocent action - depositing license fee by
railway staff instead of by licensee resulted in a CBI
case on WR & finally conviction .
Slackness in ensuring quality in Level xing work
resulted in CBI case .all such thing are treated as
fraud
A fraud case leads to raid & raid leads to another
case ie Disproportionate Asset case
Asset-having assets is not a crime-We do’ not keep
proper record of our financial assets resulting
difficulties in case of problem.

22. GENERAL
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Most straight forward person can land in problem (if
his star are bad) for none of his faults
He may be selected for random nationwide raid
Programme
An enquiry of some of his associate may lead to him2G case
This lecture will create awareness about provision of
LAW & precaution required in decision making
In spite of it , if somebody lands in problem then
how to defend in court of LAW
Tender & contract is most problematic for civil
engineers & their decision in dealing tender cases
can create problem for them

23. WHAT NOT TO DO IN TENDER & CONTRACTS
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Execute work in good faith without sanction or estimate or
tender
Award the contract on exorbitant rates
Execution of substandard work- quality check
Payment for works not executed –overpayments ,false
payments
Manipulation in tender such as
Exaggerating performance of favorite tenderer & failures of
Rivals
Projecting artificial urgency –time is valuable
Doctoring briefing note to project someone as most suitable
Bypassing lowest bidder without convincing reasons
Call negotiation for reduction of rates but accepting it after
negotiation even if no appreciable reduction achieved in
negotiation
Non application of mind in tender Acceptance
Do a thing for which your conscious is not
permitting-Right or wrong –conscious will give you

24. CVC INSTRUCTION MARCH 2007 & JAN 2010
As post tender negotiations could often
be a source of corruption, it is directed
that there should be no post tender
negotiations with L1, except in certain
exceptional situations”.2007
 Few great people started post tender
negotiation with L2 & L3 as they thought
that No ban to negotiate with L2 & L3
 Clarification issued in 2010
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25. A PRESS REPORT
(SOURCE- RAILWAY BOARD VIG DIRECTORATE)
HTTP://WWW.DNAINDIA.COM/INDIA/REPORT_OVER-8500-RAILWAY-OFFICERS-BOOKED-FOR-FRAUDULENTPRACTICES_1239563
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New Delhi: In a drive to check corruption and bring
in transparency in its administration, Vigilance
Directorate of the Railway Board stated that, 8,638
officials including 117 gazetted ones, were booked
for various charges

26. AGREED LIST & SECRET LIST
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Railways, every year prepare two lists -- Agreed
and Secret list --
The Agreed List, prepared in consultation with
CBI, includes names of officers whose integrity
are doubtful.
 While, the Secret List are of those officers of
doubtful integrity on the basis of accepted
inquiry reports or proved charges of corruption.
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"Persons in Agreed and Secret List are not
assigned any sensitive posts and their working
is kept under constant surveillance,

27. NEWS PAPER HEADLINES OF 2013
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CBI raids office, house of DRM Ahmedabad in
DA case
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THREE YEARS RIGOROUS IMPRISONMENT TO THEN SENIOR DIVISIONAL
ENGINEER OF CENTRAL RAILWAYS, FOR POSSESSION OF
DISPROPORTIONATE ASSETS
Indian Railways Accounts Service officer K V Brahmananda Reddy, an accused
in the alleged disproportionate assets case
DEN MGS arrested by CBI
TWO YEARS RIGOROUS IMPRISONMENT TO THEN STATION MASTER OF
RAILWAYS IN A BRIBERY CASE
CBI REGISTERS A CASE AGAINST A RAILWAY OFFICIAL AND OTHERS FOR
ISSUING FAKE APPOINTMENT LETTERS
CHAIRMAN RAILWAY RECRUITMENT BOARD(N.F RAILWAY) SENTENCED
TO THREE YEARS IMPRISONMENT
he Special Judge for CBI Cases, Hyderabad has convicted Sri Dandu Ravi, then
Welfare Inspector, South Central Railway, Tirupati
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28. NEWS PAPER HEADLINES OF 2013
 Member
staff is arrested-bail after 4.5
month
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CBI REGISTERS A CASE AGAINST A SENIOR COMMANDANT OF
RAILWAY PROTECTION FORCE FOR POSSESSON OF ALLEGED
DISPROPORTIONATE ASSETS
TWO YEARS RIGOROUS IMPRISONMENT TO TWO THEN OFFICIALS
OF NORTHEAST FRONTIER RAILWAY
CBI ARRESTS A SENIOR SECTION ENGINEER(ELECTRICAL) OF
CENTRAL RAILWAY AND AN ADVOCATE IN TWO SEPARATE CASES OF
BRIBERY
CBI ARRESTS A JUNIOR ENGINEER OF RAILWAY FOR ACCEPTING
BRIBE OF RS. 40,000/CBI REGISTERS A CASE AGAINST AN INSPECTING ENGINEER OF
RITES AND OTHERS FOR ALLEGED LOSS OF Rs. 21.48 LAKH
(APPROX) TO RAILWAYS
the Special Judge, Mumbai has convicted Shri Amit Kumar Roy, then
Inspector, Railway Protection Force, Mumbai

29. CBI CASES
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Fraud cases - complainant is department if decision
has caused financial loss to Govt Department
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Disproportionate Asset case – source observation –
either from vigillence or from way of living.General
survey for Nation Raids – No arrest in such cases as
having assets is not the crime
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Trap cases – complainant is a person who has a
grudge with you
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All these case comes under PC act

30. FRAUD CASE
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The complaint is by department
Source information
Many time case are based on perception of
Agency like CAG – Reliance KG basin , 2G
, CWG etc
Many time executive act out of way in
interest of work work but other side perceive it
as vested interest
Time is not evaluated –less time at higher
cost -money is evaluated
Fraud leads to Raid & raids lead to asset
case
Our asset management is poor
We are careless in keeping records of

31. COMMON MISTAKES DONE BY MOST OF US-ASSETS
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We conviniently forget to keep proper record of
i)Marriage gifts
ii)Maturity value of NSC or other financial
instruments
iii)Sale proceeds of any assets like flats etc
iv)Gains from share Market
v)Any awards ,honrarium etc
vi)Gift received by children or spouse on birthday
,marriage anniversary & their investments
All above aspects results unknowingly in converting
white money in black money
We habitually preserve all cash memo of our
expenditure & feel elite in using credit cards on
entertainment expenditures

32. MANAGEMENT OF MONEY IS ESSENTIAL
Therefore
 Always keep record of your income &
pay your tax so that hard earned
money does not get converted in black
money for petty saving in tax
 Always prepare a balance sheet along
with tax return even if it is not
mandatory
 Declare your assets(with balance sheet
as now tax authority do not accept
balance sheet) in annual property
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33. WHERE YOU WANT TO BE ?
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It is true that No case may be initiated
against any of Railway officer as 99% of
them are straight forward officer
But even straight officers suffers a lot
because some time their decision go against
vested interest of few persons & some of
these disgruntled element put a complaint
against them .
So why not be ready for defense
Unfortunately in CBI cases ,investigation
starts after Raids & registration of case
causing harrasements
Raid can happen for any reason . Some of
your associate is being investigated & your
name crop up –kanimozhi case

34. IGNORANCE IS NO DEFENSE
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Many time ,a man is not able to defend as
he is ignorant about provisions of LAW &
had not kept proper records (of assets ,
reasons of decisions etc
Better hire professional like CA or Income
tax consultant for keeping up proper
financial records .This investment will pay
rich dividends
 Every govt person should know salient
provisions of Prevention of corruption act
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35. PREVENTION OF CORRUPTION ACT
RELEVANT PROVISION
- VARIOUS
–Public servant
taking gratification accepts
or obtains or agrees to
accept or attempts to obtain
from any person, for himself or
for any other person, any
gratification whatever, other
than legal remuneration, as a
motive or reward for doing or
forbearing to do any official act
No demand but agreed to
 Section

36. 
Section -8. Taking gratification, in order, by
corrupt or illegal means, to influence public
servant-Whoever accepts or obtains, or
agrees to accept, or attempts to obtain, from
any person, for himself or for any other
person, any gratification whatever as a motive
or reward for inducing, by corrupt or illegal
means, any public servant, whether named or
otherwise, to do or to forbear to do any official
act,
Section -9. Taking gratification, for exercise
of personal influence with public servant shall be punishable with imprisonment which
shall be not less than six months but which may
extend to five years and shall also be liable to
fine
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37. PREVENTION OF CORRUPTION ACT
PUNISHMENTS
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Section10. Punishment for abetment by public servant of
offences defined in section 8 or 9
Whoever, being a public servant, in respect of whom
either of the offences defined in section8 or section 9 is
committed, abets the offence, whether or not that offence
is committed in consequence of that abetment, shall be
punishable with imprisonment for a term which shall
be not less than six months but which may extend to
five years and shall also be liable to fine.
Section14. Habitual committing of offence under sections
8, 9 and 12 -shall be punishable with imprisonment for a
term which shall be not less than two years but which may
extend to seven years and shall also be liable to fine.

38. PREVENTION OF CORRUPTION ACT 1988
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13. Criminal misconduct by a public servant-(1) A
public servant is said to commit the offence of
criminal misconduct,- (a) if he habitually accepts or
obtains or agrees to accept or attempts to obtain
from any person for himself or for any other person
any gratification other than legal remuneration
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Section 13(1)d ii - by abusing his position as a public
servant, obtains for himself or for any other person
any valuable thing or pecuniary advantage; or
(1)–(e) if he or any person on his behalf, is in
possession or has, at any time during the period of
his office, been in possession property
disproportionate to his known sources of
income.
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Section 13(2) Any public servant who commits
criminal misconduct shall be punishable with
imprisonment for a term which shall be not less than
one year but which may extend to seven years and

39. 
Section 15. Punishment for attempt
 Whoever
attempts to commit an
offence referred to in clause (c) or
clause (d) of sub-section(1) of
section 13 shall be punishable with
imprisonment for a term which may
extend to three years and with fine

40. PREVENTION OF CORRUPTION ACT 1988
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19.Previous sanction necessary for
prosecution
(1) No court shall take cognizance of an offence
punishable under section 7, 10, 11, 13 and 15
alleged to have been committed by a public
servant, except with the previous sanction
Such sanction shall be given by that
Government or authority which would have
been competent to remove the public servant
from his office at the time when the offence was
alleged to have been committed
No finding, sentence or order passed by a
special Judge shall be reversed or altered by
a Court in appeal, confirmation or revision on
the ground of the absence of, or any
error, omission or irregularity in, the sanction
required under sub-section (1), unless in the

41. PREVENTION OF CORRUPTION ACT 1988
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Section 20. Presumption where public
servant accepts gratification other than
legal remuneration
(1) Where, in any trial it is proved that an
accused person has accepted or obtained or
has agreed to accept or attempted to obtain
for himself, or for any other person, any
gratification or any valuable thing from any
person, it shall be presumed, unless the
contrary is proved, that he accepted or
obtained or agreed to accept or attempted to
obtain that gratification or that valuable
thing, as the case may be, as a motive or
reward such as is mentioned in section 7
or, as the case may be
(.

42. 
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2) Where in any trial of an offence punishable under
section 12 or under clause (b) of section 14, it is proved
that any gratification (other than legal remuneration) or
any valuable thing has been given or offered to be given
or attempted to be given by an accused person, it shall be
presumed, unless the contrary is proved, that he gave or
offered to give or attempted to give that gratification or
that valuable thing, as the case may be, as a motive or
reward such as is mentioned in section 7, or, as the case
may be, without consideration or for a consideration
which he knows to be inadequate.
(3) Notwithstanding anything contained in sub-section (1)
and (2), the court may decline to draw the presumption
referred to in either of the said sub-sections, if the
gratification or thing aforesaid is, in its opinion, so trivial
that no inference of corruption may fairly be drawn

43. AVOID CASES
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Prevention is better than cure
How
Do not indulge in any such activity willfully which
can create problem for you in life
Do not be there where you should not normally be
like contractor residence , contractor car etc
Do not talk on phone about money
Always record full reason of taking particular
decision in file

44. LAST ADVICE FOR HONEST OFFICERS
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Every Govt officer should read Prevention of
corruption act
Every govt officer should be well prepared for
CBI knock on any night at his house
 Keep your accounts in order
 Have sufficient funds for legal expenses
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45. 
Thanks

46. PART 2 HOW TO DEFEND CRIMINAL CASE