Supreme Court precedent on adultery cited as dismissal deemed non‑criminal

The Jharkhand High Court, while reviewing the dismissal of Constable Bharat Patta, invoked the Supreme Court’s landmark ruling in Joseph Shine vs. Union of India to underline that adultery is no longer a criminal offence. Justice Deepak Roshan emphasized that the disciplinary action taken by the Jharkhand Armed Police could not rest on a de‑criminalised act.

The controversy stemmed from a 2023 complaint by a married woman who alleged a consensual relationship with Patta between October 2019 and April 2023. She claimed that Patta pretended to marry her, despite both being married with children, and later withdrew his support.

Following the allegation, the department opened a departmental inquiry, filed an FIR, suspended Patta, and eventually dismissed him. However, the high court found that the departmental charge‑sheet listed only the allegation of ‘indiscipline and a relationship with a married woman’. The FIR for rape, used by the department to justify the termination, was not part of the charge‑sheet.

Under service law, an employee can be punished only on the basis of charges formally recorded in the charge‑sheet. Since the criminal FIR was omitted, the court ruled the dismissal illegal and ordered its annulment.

The court also remarked that the complainant failed to produce any documentary proof—no marriage certificate, CCTV footage, or tenancy records—to substantiate her claim. The absence of corroborative evidence meant the departmental action lacked a factual foundation.

By referencing the Joseph Shine judgment, the bench reinforced that an alleged extramarital affair cannot be treated as a criminal matter. Consequently, the punitive measure taken against Patta could not be justified on that ground alone.

The order reinstates Patta in service and directs the police department to issue a formal censure for the irregular dismissal process.