Delhi HC Upholds Dismissal of BSF Officer For Illicit Relationship With Colleague’s Wife

The Delhi High Court has upheld the dismissal of a Border Security Force (BSF) Sub-Inspector who was dismissed from service for allegedly developing an illicit relationship with the wife of a fellow constable, observing that members of a disciplined force are expected to maintain the highest standards of morality and integrity.

A Division Bench of Justice C Hari Shankar and Justice Om Prakash Shukla said an officer in uniform “must abstain from any conduct inconsistent with the dignity of the service” and that moral lapses of this nature cannot be ignored.

“The 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,” Justice Shukla observed in the 14-page order.

Court was hearing a plea filed by Sub-Inspector Patil Shivaji Madhukar, who had sought to quash the findings and sentence passed by the General Security Force Court (GSFC) on September 14, 2022, and the subsequent order of the BSF Director General by which he was dismissed from service.

According to the records, it was alleged that around June–July 2019, the petitioner began communicating through WhatsApp with the wife of a fellow constable, who lived in the same residential block. Their acquaintance allegedly developed beyond mere friendship. The petitioner is said to have gifted her a mobile phone, a gold locket and a dress, and to have visited her residence frequently in her husband’s absence.

The General Security Force Court (GSFC) also relied on the testimony of a neighbour (PW-3) who saw the petitioner conversing with Ms X, and on the evidence of PW-6, the Presiding Officer of the Court of Inquiry, who copied data from the petitioner’s smartphone and found objectionable photographs of Ms X. Based on these testimonies, the petitioner was held guilty and dismissed from service, a decision later confirmed by the Additional Director General.

Aggrieved, the petitioner filed a statutory petition before the Director General, BSF, under Section 117(2) of the BSF Act. The DG, in his order, upheld the dismissal, observing that the evidence indicated serious misconduct which “must be dealt with strictly to protect the safety and security of families living in BSF campuses.”

Before the High Court, the petitioner argued that his relationship with Ms X had been consensual and private, stressing that she had never filed any complaint and that the disciplinary authorities had dropped charges under Section 46 of the BSF Act read with Section 375 IPC.

Rejecting the defence, the Court said such conduct was wholly incompatible with the discipline and values expected of those entrusted with national security.

“The act of a married individual presenting gifts to another married individual of the opposite sex (who is not their spouse), without legitimate context, may reasonably be presumed as unusual and calls for an appropriate clarification,” the Bench noted.

Dismissing the plea, the judges emphasised that service in the armed and paramilitary forces demands unimpeachable personal conduct.

“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 remarked.

Case Title: Patil Shivaji Madhukar v. Union of India

Bench: Justices C.Hari Shankar and Om Prakash Shukla

Order: 30 October 2025