The Himachal Pradesh High Court has delivered a significant judgment in favor of a constable from the Indo-Tibetan Border Police (ITBP), who was dismissed from service in 2010 due to an alleged sexual relationship with an Assistant Commandant’s wife. The court’s decision provides the constable a reprieve by converting his dismissal into a compulsory retirement, accompanied by all consequential benefits.
Case Background and Court Ruling
A Division Bench, comprising Chief Justice Gurmeet Singh Sandhawalia and Justice Bipin Chander Negi, reviewed the circumstances surrounding the constable’s dismissal and found the punishment disproportionate, particularly when compared to the penalty imposed on the senior officer involved. The Assistant Commandant, who was implicated in coercing the constable and recording the illicit acts, faced a milder punishment of a two-year increment stoppage.
In their ruling, the judges stated, “We are of the considered opinion that once the superior officer had been held guilty of preparing the CD with the help of his laptop and forcing his junior to enter into the acts of misdemeanor, the present appellant cannot be imposed a grave punishment of removal from service.” The court acknowledged the sordid nature of the misconduct but deemed compulsory retirement an appropriate resolution.
Details of the Allegations
The constable, who joined the Central Armed Police Forces (CAPF) in 1999, served in Leh from 2006 to 2009 before his transfer to Reckong Peo in Himachal Pradesh. Allegations surfaced about his inappropriate relationship with the Assistant Commandant’s wife while he was stationed at the officer’s residence. This came to light alongside a divorce petition filed by the Assistant Commandant, which included complaints of sexual, mental, and physical harassment against him and the constable.
The constable admitted to the relationship but argued that it was at the behest of his superior, under duress and threat of penal action. Despite his admission, the Assistant Commandant was absolved of coercing his wife into the relationship but was found guilty of recording the acts without consent.
More Read
Court’s Observations
The court emphasized the expected self-discipline of a member of the armed forces, noting the constable’s lapse in self-control. However, it recognized mitigating factors, such as the wife’s acknowledgment of the coercion and the Assistant Commandant’s lighter punishment. The bench also highlighted the wife’s statements about being given alcohol against her will and forced into illicit acts.
Given these considerations, the court decided to amend the constable’s punishment to compulsory retirement, allowing him to receive his service benefits. This decision reflects the court’s stance on fairness and proportionality in disciplinary actions within the armed forces.
Representing the petitioner was Advocate Vinod Kumar Sharma, while Deputy Solicitor General Balram Sharma appeared for the Union of India.
