Khushi Doshi
Published On: February 16, 2022 at 15:21 IST
An extramarital relationship may be “An immoral act” in the eyes of society, but it cannot be interpreted as “Misconduct” under Police Service Rules and treated as an Offence deserving of expulsion, the Gujarat high court ruled, ordering the reappointment of an Ahmedabad constable who had been fired for Adultery.
“It was a private affair and not the result of any coercion or exploitation,” Justice Sangeeta Vishen said, quashing the Dismissal Order.
The Court ordered the city police to re-appoint the constable within a month and to pay the Constable 25% of his lost wages.
In 2013, the Police issued a show-cause notice to the cop and fired him for “Moral turpitude,” resulting in a loss of public trust in the Police.
The Constable filed an Appeal against his dismissal, claiming that no investigation was conducted prior to his dismissal. “
To term the misconduct as per the Conduct Rules, 1971, would be too far-fetched,” Justice Vishen said, citing various Judgments on government employees charged with Adultery.
The Court also chastised the police department for conducting an investigation under the guise of avoiding “Embarrassment.” According to the report, the Police Chief issued the dismissal order without legal justification and by citing service rules that were “cut, copied, and pasted.”