Honesty and truthfulness are the hallmarks of a civil servant. Civil servants possessing these qualities are considered as the backbone of any strong organisation. While discharging their duties, they take various decisions. Some of these decisions turn out to be bonafide mistakes. Unless such decisions are wilfully taken and provide any personal gain, the officer cannot be held guilty. However, at times, such decisions may have unforeseen adverse consequences in the long run. Recently, there have been instances where civil servants have been prosecuted for bonafide mistakes. They have often been prosecuted and even imprisoned. The ethical fabric of civil servants has been adversely affected on account of these instances. How is this trend impacting the performance of public services? What measures can be taken to ensure that honest civil servants are not prosecuted for bonafide mistakes? Justify your answer.

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Ghissu Editorial · Verified 4 Oct 2026 · 266 words

Q1.

Honesty and truthfulness are the hallmarks of a civil servant. Civil servants possessing these qualities are considered as the backbone of any strong organisation. While discharging their duties, they take various decisions. Some of these decisions turn out to be bonafide mistakes. Unless such decisions are wilfully taken and provide any personal gain, the officer cannot be held guilty. However, at times, such decisions may have unforeseen adverse consequences in the long run. Recently, there have been instances where civil servants have been prosecuted for bonafide mistakes. They have often been prosecuted and even imprisoned. The ethical fabric of civil servants has been adversely affected on account of these instances. How is this trend impacting the performance of public services? What measures can be taken to ensure that honest civil servants are not prosecuted for bonafide mistakes? Justify your answer.20

Introduction

This case turns on holding officers to account without punishing honest judgement. The core dilemma is between Accountability and Administrative Discretion. The issues are Hindsight Bias, judging decisions by unforeseeable outcomes, and the criminalisation of honest error.

How the Trend Is Impacting the Performance of Public Services

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Decision paralysis

The 2017 conviction of former Coal Secretary H.C. Gupta [officer] taught officers "no decision, no risk", deepening policy paralysis.

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Diffusion of Responsibility

Files move upward and into committees so no one signature carries risk, and services slow.

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Moral Escapism

Officers hide behind procedure and avoid innovation.

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Error equated with crime

When honest mistakes meet the fate of corruption, morale and talent drain away.

Measures to Protect Honest Civil Servants From Prosecution for Bonafide Mistakes

Accountability vs Administrative Discretion. Venn diagram: Accountability, Administrative Discretion; overlap: Intent-based accountability

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Intent test

Apply the Prevention of Corruption (Amendment) Act, 2018 [current event], which requires dishonest intent and section 17A approval before investigating official decisions.

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Expert screening

A time-bound panel should examine files before sanction under section 218 of the BNSS, sending negligence to departmental action.

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Documented Continuation

Record reasons and oral instructions, as T.S.R. Subramanian (2013) [case] directed.

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Narrow safeguards

Keep protection narrow, since Subramanian Swamy (2014) [case] struck down blanket prior approval for senior officers.

Justification:

Doctrine of Double Effect: unintended harm from an honest, proportionate public decision is not guilt.

Conclusion

Accountability should rest on intent and process, not outcome alone. Such Integrity-as-Architecture lets honest officers act on duty without fear while giving the dishonest no shelter.

This model answer is indicative and the model can make mistakes; please verify key facts independently.

Question from the official UPSC Civil Services (Main) Examination 2019 paper. Answer written by Ghissu's engine and checked against our editorial standards. Found an error? Tell us and we correct it within 48 hours.