Dishonest behaviour undermines public confidence in integrity of Armed Forces: High Court

Upholding the dismissal of a Border Security Force (BSF) officer by a court martial for allegedly having illicit relations with the wife of a constable, the Delhi High Court has held that it is the duty of force personnel to uphold institutional and moral principles and dishonest behaviour undermines public confidence in the integrity of the Armed Forces.

“An officer belonging to a disciplined force bears the duty to maintain the highest standards of honesty and morality and abstain from any conduct that is inconsistent and unbecoming of the rank held by such officer,” a Division Bench comprising Justice C Hari Shankar and Justice Om Prakash Shukla remarked in their order of October 30.

The Bench noted that the officer had established an illicit relationship with the wife of his colleague by offering presents and making frequent visits, which is morally distressing and went against the very ethos of the uniform the petitioner wears.

“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,” the Bench said.

“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 further said.

A General Security Force Court convened by the BSF had held a sub-inspector guilty of three charges under Section 40 of the BSF Act for acts prejudicial to good order and discipline of the force.

These included improperly having physical relationship with the wife of a personnel of the same Battalion residing in the same block, holding unwarranted conversation on mobile phone with her and presenting her gifts on several occasions with the intent to seek sexual favours, and keeping her personal photographs and screenshots of video calls in compromising poses without her knowledge.

A written complaint had been submitted against the sub-inspector to higher authorities by the constable, following which a court of inquiry (COI) was convened by the BSF and a chargesheet was framed containing seven charges. Four charges were subsequently dropped.

The Bench observed that the findings of COI recorded that the petitioner was involved in adultery and found the allegations of illicit relationship to be proved beyond reasonable doubt. The petitioner’s statement was found unreliable and inconsistent and as such strict action was recommended against him.