High Court reiterates adultery is no longer a crime

Quashes constable’s dismissal over alleged adulterous relationship

Pioneer News Service

Ranchi

The Jharkhand High Court has quashed the dismissal of a Jharkhand Armed Police constable over an alleged adulterous relationship, observing that adultery is no longer a criminal offence in view of the Supreme Court’s decision in Joseph Shine v. Union of India.

The Court further held that the disciplinary authority had dismissed the constable on a ground that was never part of the charge-sheet, rendering the order illegal and violative of the principles of natural justice.

A Single Judge Bench of Justice Deepak Roshan was hearing a writ petition challenging the petitioner’s dismissal from service and the appellate order affirming the punishment.

With this ruling, the High Court quashed the dismissal order of a Jharkhand Armed Police (JAP) constable who was sacked over allegations of having an extramarital affair.

Citing a landmark Supreme Court judgment, the High Court stated that adultery is no longer a criminal act in India. Furthermore, a Single Bench of Justice Deepak Roshan observed that the department dismissed the constable based on an allegation that was not even part of the official charge-sheet, calling it a direct violation of the principles of natural justice.

The case stems from a complaint filed by a woman in 2023. She alleged that despite both of them being married with children, the constable purportedly married her and maintained physical relations between October 2019 and April 2023, but later refused to live with her. Following the complaint, an FIR was registered, a departmental inquiry was initiated, and the constable was dismissed from service under Rule 824(B) of the Police Manual.

During the hearing, the High Court noted that while the departmental charge-sheet only alleged indiscipline and a relationship with a married woman, the final dismissal order relied heavily on a rape FIR that was completely missing from the initial charge-sheet. The court emphasized that under service rules, an employee can only be penalized based on charges explicitly mentioned in the charge-sheet.

Additionally, the bench found no independent or documentary evidence—such as proof of the alleged marriage, cohabitation, or CCTV footage—to support the allegations except for the complainant’s statement.

Terming the disciplinary authority’s harsh decision an abuse of power, the High Court quashed the dismissal order of constable Bharat Pathak and set aside all consequential departmental orders.