Sneha is a Senior Manager working for a big (reputed) hospital chain in a mid-sized city. She has been made in-charge of the new super speciality center that the hospital is building with state-of-the-art equipment and world-class medical facilities. The building has been reconstructed and she is starting the process of procurement for various equipment and machines. As the head of the committee responsible for procurement, she has invited bids from all the interested reputed vendors dealing in medical equipment. She notices that her brother, who is a well-known supplier in this domain, has also sent his expression of interest. Since the hospital is privately owned, it is not mandatory for her to select only the lower bidder. Also, she is aware that her brother's company has been facing some financial difficulties and a big supply order will help him recover. At the same time, allocating the contract to her brother might bring charges of favouritism against her and tarnish her image. The hospital management trusts her fully and would support any decision of hers. (a) What should be Sneha's course of action? (b) How would she justify what she chooses to do? (c) In this case, how is medical ethics compromised with vested personal interest?

“Codes of ethics keep an organization’s soul intact, while the code of conduct keeps its hands clean.”

While aCode of Conductgoverns actions through established rules, aCode of Ethicsensures that civil servants are morally guided to act beyond mere compliance, instilling ethical principles in decision-making.

Code of Conduct stems from:Provisions of constitution : Article 309 to 311Conduct rules:Code of Civil services conduct rules 1964,Central services conduct rules 1964,All India services CR 2014Indian penal code, official secret act, prevention of corruption act.

## Code of Conduct and Code of Ethics as Sources of Guidance

AspectCode of ConductCode of EthicsDefinitionA set of specific rules outlining acceptable behavior.A set of guiding principles based on values and morals.Guiding Principle“Do as per the rules.”“Do what is right.”FocusWhat employeesmustdo.What employeesshoulddo.PurposeRegulates actions and behavior of employees.Guides decision-making based on moral and ethical principles.ScopeFocuses on compliance with laws and regulations.Broad focus on integrity, fairness, and moral responsibility.EnforcementEnforced through disciplinary actions for breaches.Promotes self-regulation and moral accountability.FlexibilityRigid and structured, leaves little room for interpretation.Flexible and adaptable to various situations.OutcomeEnsures adherence to rules and legal requirements.Ensures actions align with values like integrity and fairness.ResponsibilityOrganizational compliance and order.Personal moral responsibility and ethical leadership.ExamplesNo corruption, punctuality, conflict of interest rules.Integrity, transparency, fairness in decision-making.

ACode of Ethicspromotes proactivetransparencybeyond legal compliance, exemplified by theRTI Act, which could foster deeper accountability. Scandals like the Vyapam scam and 2G spectrum case, highlight the need for integrity to prevent moral lapses. Furthermore, India’s corruption rankings and cases like theCommonwealth Games scandaldemonstrate the need forprobity in public life.

## Model Code of Ethics

• Hota Committee: Recommendedethics trainingfor civil servants to foster professionalism and prevent corruption.


• Santhanam Committee: Highlighted the need for strengthening institutional mechanisms likeLokpalandvigilance commissionsto oversee adherence to ethical standards in governance.

## Integrity

• Honesty and Truthfulness: Public officials must provide accurate information.Eg-transparency in Aadhaar data usage.


• Conflict of Interest: Officials must avoid personal gains from public decisions.Eg-T.N. Seshan ensuring impartiality in elections.


• Commitment to Public Interestbased onutilitarian principleof Greatest happiness of greatest number.


• Professional Excellence:continuous learning and professional development, encouraging civil servants to enhance their skills, knowledge, and competencies to serve the public better. (Hota Committee)

## Probity

• Financial Integrity: Use public funds solely for intended purposes.Eg-E. Sreedharan ensuring zero corruption in Metro contracts.


• Respect for Rule of Law: act in accordance with legal regulations and standards. Adhering to the law ensures that decisions are consistent, just, and equitable, and it prevents abuse of power.


• Stewardship:exercise prudence in resource allocation and management to maximize societal benefits.

## Transparency

• Proactive Disclosure: suo-motu disclosure underSection 4of the RTI Act, 2005.


• Openness to Scrutiny: Encourage public audits of decision-making. Eg- MGNREGA


• Public Engagement:  Be open, transparent and responsive, and respect and assist all persons in their dealings with public organizations.

United Kingdom: Nolan PrinciplesAustralia: Public Service Code of Ethics –impartiality, accountability, respect, and integrity.It also includes whistleblower protection mechanism, regular training and compliance checks.USA –Sunshine Act, 1976 – mandates that meetings of federal agencies must be conducted openly and that their records should be accessible to the public.

The rule of law depends on public officials acting ethically. Thus, a comprehensive, actionable and enforceable Code of Ethics can strengthen civil servants’ role as a“steward”for the public.

Click to Access Full Notes