The Himachal Pradesh High Court has modified the punishment of an Indo-Tibetan Border Police (ITBP) constable, replacing his removal from service with compulsory retirement along with consequential benefits. The division bench, comprising Chief Justice Gurmeet Singh Sandhawalia and Justice Bipin Chander Negi, upheld the findings of misconduct in a disciplinary matter arising from consensual illicit relations with his senior officer's wife.
Background of the Case
The constable was appointed in the ITBP in 1999 and later posted in Leh, where he served as a security assistant to an assistant commandant at his residence. During this posting, allegations emerged that the constable developed consensual relations with the assistant commandant's wife, allegedly at the behest of the senior officer. The assistant commandant subsequently filed for divorce.
In March 2009, the woman lodged a complaint alleging sexual misconduct and video recording of objectionable content by her own husband. This triggered disciplinary proceedings under the ITBP Act, 1992. A summary force court found the constable guilty, relying on admitted facts about the relationship and his failure to report the matter through the chain of command. He was removed from service in 2010, and his departmental appeal was rejected in 2011. The single judge bench of the high court upheld this decision in 2018.
Appeal and Modification of Punishment
Before the division bench, the constable challenged only the proportionality of the punishment. The court noted that the senior officer had been found guilty of preparing a compact disc using his laptop and forcing his junior to engage in misconduct with his wife. Consequently, the constable could not be given the grave punishment of removal from service. The assistant commandant had been sentenced to forfeiture of two years of past service for pension purposes.
The division bench also observed that the assistant commandant's wife knowingly maintained physical relations with the constable for a considerable period. The court highlighted that at the time of the incident, adultery was a civil wrong under Section 497 of the Indian Penal Code, though it was struck down in 2019. Service discipline standards in armed forces demand higher moral conduct.
Court's Observations on Discipline
"Discipline and character are the backbone of the ITBP, and all serving the force are expected to act and behave in a manner befitting their respective positions," the court emphasized. "As a member of the disciplined force, the petitioner was expected to have control over his mind and passion. The petitioner has given an indecent burial to self-control, diligence and strength of will power."
The high court's decision to substitute removal with compulsory retirement ensures that the constable receives consequential benefits while still facing a significant penalty for his misconduct.
