The case began with a police official’s partner filing a rape accusation against him, leading to his suspension in June 2018 and subsequent departmental proceedings.

Despite denying the accusation, the official was terminated from his position.

In his defense against the dismissal, his lawyer argued in court that according to the relevant provisions in the Jharkhand Service Code, dismissal could only occur if there was a charge of bigamy. The lawyer emphasized that the official was in a live-in relationship, not a second marriage.

However, the State contended that the official had engaged in an “illicit relationship,” which violated both the Jharkhand Service Code and the Jharkhand Police Manual, despite already being married.

The court noted that it was acknowledged that the police official had an extramarital relationship with a woman other than his wife.

Court is of the view that no interference is warranted in the instance writ petition for the following facts and reasons:

(i) Admittedly the petitioner was having illicit relationship with the lady other than his wife.

(ii) Petitioner himself admits that he was in live-in-relationship with The admission of the petitioner that he was living in- relationship with XX 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.

(iii) 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.

(iv) Though the petitioner was acquitted in the criminal case, but it cannot be a ground for quashment of the order of dismissal, which was done in regular departmental proceeding.

Case title: Xxx vs. State of Jharkhand