Himachal Pradesh HC Grants Pension Benefits to ITBP Constable Forced To Have S*x With Senior's Wife; Here's Why

The Himachal Pradesh High Court has granted legal relief to a former Indo-Tibetan Border Police (ITBP) constable who was dismissed from service in 2010 following a s*xual relationship with the wife of an Assistant Commandant. A Division Bench comprising Chief Justice Gurmeet Singh Sandhawalia and Justice Bipin Chander Negi modified the original punishment of removal from service to a penalty of compulsory retirement, ruling that the initial penalty was disproportionately harsh compared to the punishment given to his superior officer.

Disproportionate Punishment Cited by the Court

The High Court intervened on the grounds of administrative parity, noting that the Assistant Commandant - who was found guilty of using a laptop to record the s*xual acts between his wife and the constable - was only penalised with a stoppage of his salary increment for two years. Himachal Pradesh High Court Directs Police To Consider Protection Plea of Young Muslim Couple Including Minor Girl Facing Threats for Getting Married Without Family's Permission.

The Bench determined that the junior officer should not bear the brunt of a severe dismissal when the superior officer faced minor disciplinary action for his involvement in the incident. “We are of the considered opinion that once the superior officer had been held guilty of preparing the CD with the help of his laptop and forcing his junior to enter into the acts of misdemeanor, the present appellant cannot be imposed a grave punishment of removal from service," the Court ruled. "Therefore, in the given facts and circumstances, we are of the considered opinion that the order of compulsory retirement would redress the issue as such, keeping in view the manner in which the misconduct which was sordid in nature, has taken place," the court added.

Origins of the Dispute in Leh and Reckong-Peo

The petitioner joined the Central Armed Police Forces (CAPF) in 1999 and served as a security assistant at the official residence of the Assistant Commandant during a posting in Leh between 2006 and 2009. He was subsequently transferred to Reckong-Peo in Himachal Pradesh. The relationship between the constable and the officer's wife became public during subsequent legal battles. The Assistant Commandant initially filed a divorce petition against his wife. In response, the wife filed a complaint against both her husband and the constable, alleging physical, mental, and s*xual harassment, and asserting that her husband had filmed the encounters.

While the constable initially admitted to the relationship and was removed from service, subsequent internal inquiries cleared the Assistant Commandant of forcing his wife into the relationship but found him guilty of recording the encounters.

Coercion and Final Ruling

Though the High Court emphasised that a member of a disciplined force is expected to maintain strict personal conduct, it acknowledged mitigating factors regarding professional coercion and threats. The Bench noted that the constable maintained the s*xual relationship "at the behest of" his superior officer. “Besides the wife of the Assistant Commandant knowingly maintained physical relations for a considerable period. Attempts made by the petitioner to resist were shunned with the dire threat of penal action,” the Bench observed. Himachal Pradesh Shocker: Man Dies After Piece of Kurkure Gets Stuck in Windpipe.

The Court also took into account the wife’s statements, which alleged that her husband had intoxicated her against her consent and pressured the junior officer into the illicit acts to film them. Consequently, the High Court directed that the constable's termination be converted to compulsory retirement, restoring his eligibility for all consequential service benefits.

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(The above story first appeared on LatestLY on Jun 20, 2026 11:52 PM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).