Kolkata, August 31, 2026 (Yes Punjab News)
The Principal Bench of the Armed Forces Tribunal (AFT) in New Delhi has converted the dismissal of an Indian Air Force (IAF) personnel, who had disclosed his homosexual relationship with a foreign partner, into a routine discharge.
The order was passed by AFT Chairperson Justice Rajendra Menon and Justice Rasika Chaube. The identity and rank of the applicant have not been disclosed to protect his privacy.
The applicant joined the IAF in December 2016 and sought compassionate discharge in 2024, while informing the authorities about his relationship with a foreign national outside IAF premises.
An IAF inquiry concluded that he had violated service discipline and raised national security concerns by maintaining a relationship with a foreigner. The Court of Inquiry also found that he had travelled abroad without obtaining the required permission. He was subsequently dismissed from service earlier this year.
The applicant did not challenge the dismissal itself but approached the AFT seeking that it be converted into a discharge, arguing that dismissal could adversely affect his future employment prospects.
The tribunal observed that personnel serving in a disciplined armed force are subject to specific standards of discipline and conduct and that the authorities can take disciplinary action for violations. However, it noted that the material placed before it did not establish any substantive national security or defence-related concern arising from the applicant’s conduct.
The AFT noted that the applicant had admitted travelling to Thailand and Sri Lanka on two occasions to meet his partner without following the prescribed procedure. His counsel submitted that he had no mala fide intention and had acted due to circumstances.
The tribunal said that, under ordinary circumstances, it would have upheld the dismissal had it been challenged. However, as the applicant had sought only compassionate discharge, it considered his plea.
The bench noted that the applicant had served for about 10-and-a-half years but had not completed the required service for pension or post-retirement benefits. His counsel also clarified that he was not seeking monetary benefits, but only a respectful discharge that would allow him to settle with his partner and pursue other employment.
The tribunal held that although disciplinary rules must be enforced, the circumstances warranted an exception in this case.
“The respondents could have granted discharge to the applicant, but in the garb of maintaining discipline they have dismissed him,” the tribunal said, observing that both dismissal and discharge effectively resulted in the IAF ending his service.
The AFT directed that the dismissal be converted into discharge, noting that this would remove the stigma associated with dismissal and improve his future employment prospects.
However, the tribunal clarified that the applicant would not be entitled to monetary benefits, pension, post-retirement benefits or ex-serviceman status. It also specified that the order would not constitute a precedent for similar cases.
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