The Jharkhand High Court ruled that a married policeman’s live-in relationship violates service rules. Despite his acquittal in a rape case filed by the live-in partner, the Court upheld his dismissal from service.
Jharkhand: The Jharkhand High Court recently upheld the dismissal of a police constable who found to be in a live-in relationship with a woman other than his wife, despite being married.
The case presided over by Dr. Justice S.N. Pathak, who emphasized that the police official’s acquittal in a rape case filed by his live-in partner did not justify overturning his dismissal from service.
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Justice Pathak highlighted the severity of the constable’s conduct, stating,
“It is unbecoming of a police personnel who was in a live-in relationship with another lady other than his wife and amounts to a violation of rules whereby the service conditions of the petitioner are governed.”
The constable had been suspended in June 2018 following the rape accusation and a subsequent departmental inquiry initiated.
Despite denying the charges, the constable dismissed from service. His legal counsel challenged the dismissal, arguing that the constable could only be dismissed on grounds of bigamy. The counsel asserted that since the constable merely in a live-in relationship and not married to another woman, the dismissal was unjust.
The defense pointed to provisions in the Jharkhand Service Code that pertain solely to the solemnization of a second marriage, contending that these provisions did not apply to the constable’s situation. However, the State argued that the constable’s involvement in an illicit relationship, despite being married, constituted a violation of both the Jharkhand Service Code and the Jharkhand Police Manual.
The Court concurred with the State’s argument, noting that the constable himself admitted to being in a live-in relationship with another woman.
The Court stated,
“The admission of the petitioner that he was in a live-in relationship with [the woman], who was a lady other than his wife, becomes a sufficient reason for termination/dismissal in view of Rule 23 of the Service Code read with Rule 707 of the Jharkhand Police Manual,”
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As a result, the High Court declined to intervene in the penalty imposed on the constable, maintaining the dismissal order. Advocate Satish Prasad represented the petitioner, while Advocate Gaurav Abhishek represented the State.
This ruling highlights the stringent standards to which police personnel are held, particularly concerning personal conduct that could reflect poorly on the integrity and reputation of the police force.
Read Judgement