"Distressing": Delhi High Court upholds dismissal of BSF officer for illicit relations with colleague's wife

The Delhi High Court on Thursday upheld the dismissal of a Border Security Force (BSF) Sub-Inspector (SI) accused of maintaining an illicit relationship with the wife of a fellow constable. .A Division Bench of Justices C Hari Shankar and Justice Om Prakash Shukla held that the BSF official’s conduct was unbecoming of an officer of a disciplined force, morally distressing and went against the very ethos of the uniform he wore. Such dishonest behaviour undermines public confidence in the integrity of the armed forces and is repugnant to the conscience of every citizen, the Court underscored. “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. This Court cannot turn a blind eye to such a violation of institutional and moral principles since such dishonest behaviour undermines public confidence in the integrity of the Armed Forces and is repugnant to the conscience of every citizen,” the Bench observed. .Therefore, the Court dismissed the writ petition filed by Sub-Inspector Patil Shivaji Madhukar, seeking quashing of the 2022 order of the General Security Force Court (GSFC) that dismissed him from service..Madhukar was accused of developing an improper relationship with a fellow constable’s wife between 2019 and 2020 while stationed at Raninagar in West Bengal's Jalpaiguri. He allegedly gave her gifts, including a mobile phone, gold locket and clothing and visited her residence in her husband’s absence. The woman’s husband later lodged a formal complaint, prompting a Court of Inquiry and subsequent proceedings before the GSFC.The GSFC, relying on multiple witness testimonies and digital evidence, found Madhukar guilty of three charges under Section 40 of the BSF Act relating to acts prejudicial to the discipline of the Force.His appeal against the same was dismissed by the BSF Directorate General in 2023.Madhukar argued before the High Court that the relationship, if any, was consensual and that the woman’s statements were made under duress. He also claimed that evidence from his mobile phone had been mishandled..However, the Court held that there was “consistent and credible evidence” to support the findings and noted that the GSFC proceedings followed due process.Advocates Surender Singh Hooda, Aayushman Aeron and Shaurya Pratap Singh Banshtu appeared for the petitioner. Union of India was represented through Senior Panel Counsel Anshuman. .[Read Judgment]