Extramarital affair no reason to sack cop from service: Gujarat High Court

Ahmedabad: The Gujarat High Court has observed that while an extramarital relationship can be seen as "an immoral act" from the society's standpoint, it cannot be considered a "misconduct" and a reason to sack a policeman under the police service rules.

Justice Sangeeta Vishen made this observation while quashing the order to dismiss a police constable and directing the Ahmedabad police to reappoint him within a month and pay 25 per cent of back wages since November 2013 when he was sacked from service.

The order, which was passed on February 8, was made available recently.

The constable had moved a plea challenging his dismissal from service for having an extramarital affair with a widow at the police headquarters in the city where he lived with his family.

"It is true that the petitioner is a part of a disciplined force, however, his act which otherwise is immoral in the eyes of the society at large, would be difficult for this court to bring it within the purview of misconduct, considering the fact that the act was a private affair and not result of any coercion pressure or exploitation," the court said in the order.

"Applying the aforesaid principles to the facts of the present case, 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," it noted.

The constable, in his plea, had argued that the relationship was consensual and both he and the woman had confessed in the statement that they were having an affair and everything was done of their own volition.