The officer may be prosecuted for a breach of Section 4 of the Prevention of Corruption Act 2002 where the public officer accepts for himself or for any other person gratification for doing an act in the execution of his functions or duties.
|POINTS TO NOTE|
|Public officers hold public office to serve public interest|
All public officers hold public office to serve public interest. They have the responsibility to work solely in public interest, ahead of other interests. They are accountable for their deeds and they should act and be seen to act in all fairness and not in self-interest. All decisions and actions should be guided by principles of transparency, accountability and integrity.
Public officers are expected to carefully us their powers and authority and should in no way misuse this power.
|Compliance to Code of Ethics for Public Officers|
As per the Code of Ethics for Public Officers, public officers shall not abuse their official position for personal gain. They shall not solicit or accept gifts, rewards or benefits, which might compromise their integrity and that of their organisation and the Civil Service. Gifts or benefits include, but are not restricted to, free or less than market value accommodation, entertainment, hospitality and travel.
The free accommodation with free food and beverage at the hotel which the officer accepted for him and his family constitutes the gratification in this example.
Under Section 2 of the Prevention Act 2002, gratification constitutes:
||means a gift, reward, discount, premium or other advantage, other than lawful remuneration; and |
||a loan, fee or commission consisting of money or of any valuable security or of other property or interest in property of any description;|
||the offer of an office, employment or other contract;|
||the payment, release or discharge of a loan, obligation or other liability; and|
||the payment of inadequate consideration for goods or services;|
||the offer or promise, whether conditional or unconditional, of a gratification;|
||Public officers should realise that they are always in the limelight and they are expected to adhere to highest standards of behaviour and ethical conduct. Any unethical act on their behalf may lead to a negative perception of the whole Civil Service.|
||Senior public officers, having discretionary powers, should exercise those powers carefully and in compliance with standards of rationality, purposefulness and morality. They should in no way misuse their power for their private benefit or that of their relatives.|