The Jharkhand High Court recently affirmed the termination of a police constable's employment after discovering he was married but engaged in a live-in relationship with another woman.

Dr. Justice SN Pathak emphasized that despite the police official's acquittal in the rape case filed by his live-in partner, this acquittal does not justify overturning his dismissal from service.

“It is unbecoming of a police personnel who was in live-in-relation with another lady other than wife and amounts to violation of rules whereby the service conditions of the petitioner are governed,” the Court said.

Following the rape case filed by his live-in partner, the police official was suspended in June 2018, and subsequent regular departmental proceedings were initiated against him. Despite denying the charges, he was ultimately dismissed from service.

His counsel argued in court that the constable's dismissal could only be justified if there were allegations of bigamy. Since the officer was involved in a live-in relationship and not a second marriage, the relevant provision under the Jharkhand Service Code pertaining to solemnization of a second marriage should not apply. Therefore, the counsel urged the court to overturn the constable's dismissal.

However, the State contended that the constable's involvement in an "illicit relationship," despite being married, constituted a violation of both the Jharkhand Service Code and the Jharkhand Police Manual. The Court noted that it was acknowledged that the police official had engaged in such an "illicit relationship" with a woman other than his wife.

“Petitioner himself admits that he was in live-in-relationship with xxx. The admission of the petitioner that he was living in- relationship with xxx, who was a lady other than his wife, becomes a sufficient reason for termination / dismissal in view of the Rule 23 of the Service Code read with Rule 707 of the Jharkhand Police Manual,” it said.

The Court consequently declined to intervene in the penalty order issued against the constable (petitioner).

Advocate Satish Prasad appeared for the petitioner, while Advocate Gaurav Abhishek represented the State.

Case Title: RB vs The State Of Jharkhand