The case dates back to 2012 when the officer was posted as Commanding officer of 29 Equipment Depot (ED), IAF, Kanpur where he engaged in an extramarital relationship with one of his subordinate officer’s wife.

The principal bench of the Armed Forces Tribunal (AFT) at New Delhi has upheld the dismissal of a Group Captain of the Indian Air Force (IAF) for having extramarital relationship with the wife of a subordinate.

Dismissing the petition of ex-Group Capt JK Pandey on September 17, the bench of Justice Virender Singh (retd) and Lt Gen Sanjiv Chachra (retd), has said that the records amply indicate that the petitioner had an inappropriate relationship with the wife of an officer who was working under him in his unit. “Such a relationship, in the armed forces is taboo and against the ethos and norms of the sacred principles of camaraderie and soldiering. We do not wish to go any further on this subject, suffice to say that such a misdemeanour in the armed forces needs a quick and effective
retribution,” the bench said.

The case dates back to 2012 when the officer was posted as Commanding officer of 29 Equipment Depot (ED), IAF, Kanpur where he engaged in an extramarital relationship with one of his subordinate officer’s wife. He was subsequently posted to Air HQs, New Delhi, in March 2012 but he returned to Air Force Station Kanpur. And on April 14, 2012, a scuffle took place between him and the subordinate officer. Consequently, a Court of Inquiry was ordered by the Station Commander Air Force Station Chekeri (Kanpur).

The Court of Inquiry found the officer guilty of maintaining “inappropriate and illicit relationship” with the wife of a fellow officer and thereby “stealing affection of wife of a brother officer”. On finalization of the Court of Inquiry and pursuant to the order of the Chief of Air Staff (CAS,) a Show Cause Notice was issued to the officer as to why he should not be dismissed from the service under Section 19 of the Air Force Act. After considering the reply, the CAS opined that the retention of the officer was not in the interest of the service and recommended his dismissal to the central government. Based on these recommendations, the central government passed an order in June 2013, dismissing him from the Indian Air Force.

The officer had filed a petition in the AFT stating that the conduct of Court of Inquiry against him progressed with a pre-conceived mind and did not follow the procedures laid down under the regulations for the Air Force. He also alleged that the evidence of the most crucial witness, the complainant and his wife, was not recorded on video as was done for other witnesses.

The government counsel had rebutted the arguments of the petitioner by saying that there is enough evidence to support the findings of the Court of Inquiry and the applicant was counselled twice by the station Commander, Air Force Station, Kanpur, to stop/terminate the inappropriate relationship. Also the wife of the subordinate officer has also admitted in her own handwriting to the Station Commander about her emotional extramarital relationship with the applicant and also asked for forgiveness so that she could save her marriage and secure future of her children.

Dismissing the petition, the AFT bench observed that the government had given relief to the officer by granting him pensionary benefits in response to a mercy petition. “Even after being found blameworthy for such a grave misdemeanor adequately proven, the applicant should feel fully satisfied with the sympathetic consideration of the competent authority in their order granting him basic pension at Rs 31,784, commutation of Rs 16,45,204 and gratuity of Rs 9,00,000, which is equivalent to ninety per cent of the monetary/pensionary benefits given to a retired officer,” the bench observed.