CONFLICT OF INTEREST IN APPOINTMENT

INTRODUCTION:

When an individual applies for any position in the public/private sector it is a must for him/her to get fully familiar with the ethics and laws of the government, and protect the moral values and principles of the organization at all costs. On the other hand, it is the work of the department to invest in the individual who can serve integrity and meet the probity principle. Because the appointment of individuals in the public sector is always considered a high-risk area for conflict of interest situations.

WHAT IS A CONFLICT OF INTEREST SITUATION IN THE APPOINTMENT?

An individual who is bounded to serve an organization or any government organization should be able to work on the principles such as selflessness, integrity, objectivity, accountability, openness, honesty, leadership, and commitment to the highest standards of propriety and impartiality. And the individual with such qualities should be considered the ideal candidate for the position. But the involvement of conflict of Interest situation changes the real aim of hiring and appointment get biased and nepotism based. The individual who is already involved in conflicts of interest sometimes gets appointed because they don’t have an actual idea about it or sometimes despite knowing they don’t wish to disclose it which is inappropriate as selection should be merit-based and include a clean record of the individual in term of conflict of interest.

SCENARIO-BASED EXAMPLE OF CONFLICT OF INTEREST IN THE APPOINTMENT:

A state government announces the vacancies for the individuals for the job role in one of the regional departments. As a director's head, Meera was assigned as a selection head in the decision panel committee with two other panel members. Unfortunately, there was only one opening for which the number of applicants are trying Meera's son is also one of them. But Meera choose not to disclose it publicly and only discuss it with the other two-panel members, The panel members assured her that decision will be taken on based on merit and no favouritism will involve in it. Surprisingly,  Meera's son passed all the selection processes and got selected. And In a couple of days, Meera’s relationship with her son was exposed publicly. Due to this lots of students lodged the case against it claiming the decision was unfair and biased. And raise their voice publicly saying they won't tolerate this type of injustice. Even though the decision was unbiased and nepotism free. 

WHY MEERA IS INVOLVED IN THE CONFLICT OF INTEREST:

Because Meera was in a situation of conflict because of her relationship with her son and her duty to select the best person to fill the vacancies as she was sitting in the decision-making community.

HOW TO MANAGE CONFLICT OF INTEREST:

In this type of situation, It is not sufficient for Meera to disclose her relationship with her son only to the panel or community rather she willing had to register her relationship with her son as a conflict of interest and remove herself from the panel.

WHAT TO DO IF AN INDIVIDUAL THINKS HE/SHE IS INVOLVED IN A CONFLICT OF INTEREST AT THE TIME OF APPOINTMENT PROCESS?

First of all, it is just a Conjecture, so it's better to go ahead with the application form and filled the potential information that it asks you such as declaring about the insert that may give rise to a potential or actual conflict of interest or perception of such conflict. 

IF AN INDIVIDUAL INVOLVES IN DECLARING A CONFLICT DOES THIS MEAN HE/SHE WILL NOT PROCEED WITH THE APPLICATION?

No, as it depends on the situation. If your application is in the process where you are next round is the interview round then the interview round will further elaborate on your interest if the conflict is greater then they will take proper action and might withdraw your application and if the circumstances are not that great then they will recommend or handled the situation at their level or will guide you to go through it, or in some case, if you're interview round is also completed and you are about to appoint and then you're conflict of Interest comes into the lamplight, after discussion with you if committee notice conflict of interest is too great then as said they will withdraw the application from the competition.

WHAT IF THE INDIVIDUAL DIDN'T DECLARE A CONFLICT OF INTEREST ON THEIR OWN AND LATER IT GETS DISCOVERED BY THE COMMUNITY?

Well again it will depend on the depth of the issue and an individual could be taken to have breached the Seven Principles of Conduct Underpinning Public Life which will result in the termination of the appointment.

WHAT IS AN INDIVIDUAL UNABLE TO DETERMINE THE EXISTENCE OF THE CONFLICT OF INTEREST?

This type of reason only arises when an individual does not have a good idea regarding/references policies that thoroughly describe the conflict of interest. But the panel has a wider knowledge of the whole context based on the employment and experience provided by the applicant in the application form. The panellist or interviewer quickly concludes if any potential conflict of interest is involved in it. Sometimes they can also explore while having a conversation with the candidate in the interview room.

WHAT IF A CONFLICT OF INTEREST ARISES AFTER AN INDIVIDUAL GETS APPOINTED?

Well, it may arise for two reasons: 

1] Because of the person who has the desire to gain profit in terms of finance or other benefits. or in other words, a person performs conflict of Interest intending to gain profits and 

2] It causes when the person is unfamiliar with the policy of conflict of interest and comes to know about it after the appointment till then many conflicts on interest situations unintentionally get performed by the person. So if the issue gets arises then it gets discussed with the chair of the board and chief executive and in consultation with sponsoring department they decide whether the member should continue to carry the role or not.

Although it is not unethical or illegal to have a conflict of interest. The important thing about conflict of interest is to identify and manage it

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