“Undermines Public Confidence”: Delhi High Court Upholds BSF Personnel's Dismissal Over Illicit Relations With Colleague's Wife

The Delhi High Court has upheld the dismissal of a Border Security Force Sub-Inspector for developing illicit relations with a colleague's wife.

Stating that such conduct goes against the very ethos of the uniform worn by the Petitioner, Justices C.Hari Shankar and Om Prakash Shukla rejected his plea against orders of General Security Force Court and Director General, BSF. It observed,

“We cannot be oblivious to the petitioner's conduct, which is not only dishonourable but also unfit for an official tasked with the onerous responsibility of protecting the country. This Court cannot turn a blind eye to such a violation of institutional and moral principles since such dishonest behaviour undermines public confidence in the integrity of the Armed Forces and is repugnant to the conscience of every citizen.”

It was alleged that Petitioner commenced WhatsApp communication with Ms. X, the wife of a fellow Constable, who resided in the same building, and later Petitioner began to visit her residence in the absence of her husband.

BSF sought an explanation from the Petitioner for violation of professional ethics and moral conduct and thereafter, the Court of Inquiry, based on recorded chats, screenshots of video chats and other material, found the allegations to be proved.

Labelling such acts to be prejudicial to the discipline of the Force, GSFC sentenced Petitioner to dismissal from service. This came to be upheld by the DG, citing safety and security of families living in BSF campuses.

Before the High Court, the Petitioner denied the allegations. However, the Court said there was no reasonable justification as to why gifts were given by the petitioner to Ms. X.

“The said act gains predominance in the background that there appears no formal, familial or professional relationship between the petitioner and Ms. X that would ordinarily justify such gestures. The act of a married individual presenting gifts to another married individual of the opposite sex (who is not their spouse), without legitimate context, may reasonably be presumed as unusual and calls for an appropriate clarification,” it said.

The Court also observed that its powers under Article 226 of the Constitution of India are limited in trials conducted by the GSFC as per BSF Act and when no plea of procedural irregularity has been raised by the Petitioner, interference is not warranted.

In parting, the Court remarked, “It is pertinent to note that the petitioner had established an illicit relationship with the wife of his colleague by offering presents and making frequent visits, which is morally distressing and goes against the very ethos of the uniform the petitioner wears.”

Appearance: Dr. Surender Singh Hooda, Mr. Aayushman Aeron and Mr. Shaurya Pratap Singh Banshtu, Advs. for Petitioner; Mr. Anshuman, Sr. PC for UOI.

Case title: Patil Shivaji Madhukar v. UoI

Case no.: W.P.(C) 1027/2024

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