Kolkata, Aug 31 (IANS) The Principal Bench of the Armed Forces Tribunal (AFT) in New Delhi has converted the order of dismissal of a defence personnel, who confessed to being gay, into a routine discharge.

The decision was taken by Justice Rajendra Menon, chairperson of the bench, and Justice Rasika Chaube. The applicant, whose name or rank has not been disclosed to protect his identity, joined the Indian Air Force (IAF) in December 2016. In 2024, he sought compassionate discharge while confessing to his homosexual relationship with a foreign partner outside IAF premises.

The IAF inquiry concluded that he had breached discipline and risked national security by entering into a relationship with a foreigner. The Court of Inquiry also found him guilty of travelling abroad without permission. He was subsequently dismissed from service earlier this year.

The applicant did not challenge the dismissal but prayed to the AFT that it be converted to a discharge so as not to affect his future employment prospects.

The AFT observed: “Even though, as contended by the respondents (IAF), when an employee is working in a disciplined Armed Force of the Union, certain parameters of discipline and morality are involved, and the respondents can take disciplinary action. However, in this case the respondents chose not to take any disciplinary action and even the so‑called inquiries and investigation conducted by them, as is evident from the speaking order and other material available, there seems to be nothing involving national security concern or concern about defence of the country or working of the Indian Air Force.”

The tribunal noted that the applicant admitted to visiting Thailand and Sri Lanka on two occasions to be with his partner without following due procedure. His counsel argued that he had no mala fide intention but was compelled by circumstances.

The AFT said that under normal circumstances it would have upheld the dismissal if challenged. Still, since the applicant had only sought discharge on compassionate grounds, the tribunal considered his plea. He has served about 10 and a half years, not long enough to earn pension or post‑retirement benefits. His counsel submitted that he did not seek monetary benefits but only a respectful discharge to settle with his partner and pursue other vocations.

The bench held that while dismissal is warranted when rules are breached, exceptions must be considered in this case. “The respondents could have granted discharge to the applicant, but in the garb of maintaining discipline they have dismissed him. The effect of both is identical inasmuch as the respondents do not want the service of the applicant. Therefore, they are removing him from the rolls of the Indian Air Force in the form of dismissal,” the order said.

The tribunal ruled that discharge would exonerate him of the stigma attached to dismissal and help his future career prospects. It directed conversion of the dismissal into discharge, clarifying that the applicant would not be entitled to monetary benefits, pension, post‑retirement benefits or ex‑serviceman status.

The AFT also made clear that the case cannot be treated as a precedent by others.

–IANS

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