The Delhi High Court has upheld the dismissal of a Border Security Force (BSF) sub-inspector accused of having an illicit relationship with his colleague’s wife, observing that such behaviour was “dishonourable and unfit” for an officer entrusted with the responsibility of protecting the nation.
A bench of Justices C Hari Shankar and Om Prakash Shukla dismissed the former officer’s plea challenging the General Security Force Court’s (GSFC) 2022 verdict that found him guilty of misconduct and ordered his dismissal. The petitioner had sought reinstatement in service, arguing that the disciplinary proceedings were flawed.
Rejecting his plea, the court said it “cannot turn a blind eye” to a violation of institutional and moral principles, noting that “dishonest behaviour undermines public confidence in the integrity of the armed forces.”
The judges held that the petitioner’s conduct—frequent visits and gift-giving to a colleague’s wife—was “morally distressing” and “repugnant to the conscience of every citizen.” The bench emphasised that members of disciplined forces are expected to maintain the highest standards of morality and honesty.
“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,” the court said.
The court also pointed out that the officer had not offered any reasonable justification for presenting gifts to the woman, including a mobile phone, a gold locket, and a dress. The GSFC had found that the gifts were exchanged “in a clandestine manner,” concluding they were given in exchange for sexual favours.
“Had the petitioner given the items in exchange for money, he could have disclosed it to the husband of Mrs X and got the requisite amount in return, which the petitioner did not do,” the bench observed.
The case stemmed from a 2019 complaint by the woman’s husband, who alleged that the officer had been maintaining improper relations with his wife, who lived in the same building. The woman later stated that she was coerced into the relationship despite initially resisting communication.
The BSF conducted a court of inquiry, leading to the officer’s dismissal in 2022 after the GSFC found him guilty.
The petitioner argued that the woman’s testimony was obtained under coercion and lacked corroboration, making it inadmissible. However, the High Court found no merit in his claim, holding that the GSFC’s findings were based on due consideration of the evidence and did not warrant interference.
Upholding the dismissal, the court reiterated that personnel of disciplined forces must adhere to strict moral and ethical standards, saying the petitioner’s conduct was incompatible with the dignity of the uniform he wore.
