The Jharkhand High Court has overturned the dismissal of a state armed police constable, ruling that the disciplinary action against him was arbitrary and emphasizing that adultery is no longer a criminal offense.
Justice Deepak Roshan directed the Jharkhand Police to reinstate Bharat Pathak to his post as a constable, ordering the department to grant him back wages and all consequential service benefits. While the court nullified the departmental actions, it clarified that independent criminal proceedings against Pathak will continue separately in the trial court.
Pathak, who joined the Jharkhand Armed Police (JAP) in 2007, was dismissed in December 2024 following an internal inquiry into a complaint filed by a married woman. The high court, however, determined that the disciplinary and appellate authorities had relied on arbitrary grounds and failed to provide legally sound reasoning for their decisions, violating constitutional protections under Articles 14 and 21.
Evidentiary Gaps and Procedural Flaws
The court’s review of the departmental inquiry revealed major evidentiary deficiencies. Justice Roshan noted that the internal probe relied almost exclusively on the complainant’s statement. During cross-examination, the officials who conducted the inquiry admitted they had no documentary proof of the alleged marriage, no statement from the landlord of the residence where the couple allegedly cohabitated, and no hotel CCTV footage to substantiate the allegations.
Furthermore, the high court found that the department ultimately based Pathak’s dismissal on the existence of a rape First Information Report (FIR), which was not part of the formal charges framed during the internal inquiry. The court ruled that dismissing the constable on uncharged grounds violated the principles of natural justice and caused severe legal prejudice to him.
Decriminalization of Adultery
Addressing the nature of the allegations, the high court referenced the Supreme Court’s landmark ruling in the Joseph Shine case, which struck down adultery as a criminal offense. Justice Roshan observed that the departmental authorities appeared to be influenced by the severity of the accusations rather than by legally admissible evidence.
Chronology of the Complaint
The case began in 2023 when a married woman approached the Commandant of Ranchi’s JAP-10. She alleged that she and Pathak had lived together as a married couple from October 2019 to April 2023 despite both having existing marriages and children. She claimed Pathak established a physical relationship with her and subsequently refused to accept her.
The complaint led to a preliminary departmental inquiry alongside a criminal case registered in Ranchi under Indian Penal Code Sections 417 (cheating) and 376(2)(n) (rape). Pathak was suspended in September 2023 and dismissed late the following year. After his internal departmental appeal was rejected, he petitioned the high court. The court delivered its judgment last month, with the detailed order uploaded earlier this month.
