Ranchi: Jharkhand High Court has given a big decision regarding service rules. Actually, a married policeman was living in a live-in relationship. He was dismissed from the job after his partner filed a rape case against him.,
The court said that although the policeman was acquitted in the rape case filed by this live-in partner, it is not a ground to cancel his dismissal from service. Jharkhand High Court recently upheld the dismissal of a police constable who was married but lived in a live-in relationship with another woman.
Justice Dr. SN Pathak said that although the police officer has been acquitted in the rape case filed by this live-in partner, it cannot be a ground to cancel his dismissal from service. According to a Bar & Bench report, the court said, “It is unbecoming of a policeman who was in a live-in-relationship with a woman other than his wife. It is also a violation of the rules under which the service conditions of the petitioner are governed.” The policeman was suspended in June 2018 and departmental proceedings were initiated after his live-in partner filed a rape case against him. Though the policeman denied the rape allegation, he was dismissed from service.
Challenging the dismissal, petitioner’s counsel Satish Prasad told the court that the constable could have been dismissed from service only if he was accused of bigamy. The counsel said that the policeman was only in a live-in relationship. The Jharkhand Service Code provision related to the constable’s case only deals with the solemnisation of a second marriage. Hence, the counsel argued that the constable’s dismissal should be set aside.
However, state counsel Gaurav Abhishek said that the constable was found to be in an illicit relationship despite being already married. The state argued that this was a violation of the Jharkhand Service Code and Jharkhand Police Manual. The court said that it was admitted that the policeman had an illicit relationship with a woman other than his wife. The petitioner himself has admitted that he was in a live-in-relationship with a woman.
The petitioner’s admission that he was in a live-in relationship with a woman other than his wife becomes a sufficient reason for dismissal, as per Rule 23 of the Jharkhand Police Service Code. On this ground, the court refused to interfere with the penalty order passed against the constable (petitioner).
