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Gujarat High Court recently reinstated a police constable sacked in the year 2013 on grounds of misconduct of moral turpitude for developing a relationship with a widow despite being married.

The bench of Justice Sangeeta K. Vishen found that the constable’s services were terminated without a departmental inquiry even though it was an admitted fact that the relationship in question was consensual.

The court held, “considering the fact that the act was a private affair and not result of any coercion pressure or exploitation……the act on the part of the petitioner at the most, can be considered as immoral act, viewed from the standpoint of the society; however, to term it as misconduct as per the Conduct Rules, 1971, would be too far-fetched.”

Court also noted the Joint Police Commissioner and the revision authority both had not applied their minds while passing the dismissal orders and had held the police constable’s act as 'unbecoming of a government employee' hence, misconduct.

Court said, “Matter of personal belief regarding morals and immorals of the officer concerned is to be avoided. Any conduct which the disciplinary authority or the superior officer considers to be improper or indecorous for a Government employee, treating it as a misconduct, can never be the intention of the Rules.”

Noting that it had not been alleged by anyone in this case that the constable had exerted undue influence or his act was of physical gratification, court held that an act such as constable’s could be called as a ‘misconduct’ under the service rules only “If the conduct interferes or tends to interfere directly or indirectly with the honest discharge of (one’s) duty.”

Therefore, stressing that in the instant matter, police constable’s act had no nexus to his official duty, court set aside the constable’s service dismissal orders and further directed the respondent authorities to reinstate him with 25% backwages.

Widow’s brother-in-law had filed a complaint regarding the police constable’s illicit relation with her to the Police Commissioner urging him to take disciplinary action against the constable for the said conduct on his part.

He had also videographed the intimate moments between the two by installing a CCTV camera in widow’s house and in his complaint, he had alleged that the police constable had exploited the widow and had committed misconduct of moral turpitude, which is punishable.

On basis of this complaint, a show-cause notice was issued to the police constable, however, without paying any heed to his reply to the notice, the Joint Police commissioner had sacked him out of his job.

They had reasoned that “despite being married, the police constable had committed a misconduct and had tarnished the image of the police department instead of providing safety and security to women.”

However, when the woman’s statement was taken, she had said that she on her own volition had inculcated the relationship with the police constable and he had not exploited her in any manner.

Case Title: Maheshbhai Bhurjibhai Damor v. State of Gujarat and 3 Ors.