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IAF dismisses Corporal for gay relation with Australian, AFT grants partial relief over ‘peculiar’ facts

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A Corporal with the Indian Air Force (IAF) was dismissed from service for allegedly being in a gay relationship with an Australian citizen and visiting foreign countries with him without permission, but the Armed Forces Tribunal (AFT) has converted the punishment of dismissal into simple discharge so as to enable post-retirement resettlement.He will, however, not be entitled to any post-retiral or monetary benefits.The airman, who had joined service in 2014, had sought premature discharge in 2024 on account of family urgencies and personal issues, which he stated to be his involvement in homosexual activities outside the Air Force in his private affairs. He claimed that his choosing of the sexual partner with whom he is involved in a relationship is within the permissible social norms and applicable laws.After the application of discharge was reviewed, his request for rejected and a court of inquiry was ordered to investigate his activities, which was completed in December 2025. Subsequently a show-cause notice was issued to him and on the basis of his reply, administrative orders for his dismissal were issued in January 2026.The airman submitted before the AFT that he does not want to challenge the dismissal order, but the court may be kind enough to convert the dismissal into a discharge so that the stigma attached to the dismissal may not come in the way of seeking future vocation. He also declared that he did not reveals any information that could have compromised national security.The Air Force argued that the applicant had breached military discipline while working in the Indian Air Force as he did not seek permission on certain occasions when he visited foreign countries with his partner and gave incorrect addresses while on leave, and therefore action was taken against him. Besides several trips within India, he and his partner had visited Thailand for three weeks in March 2023 and Sri Lanka for two weeks in October 2023.The Tribunal’s Bench of Justice Rajendra Menon and Administrative Member Rasika Chaube observed in their order of April 27 that the airman had already disclosed facts about his relationship in his application for discharge. From the material on record, there seemed to be nothing involving national security concern and at best the applicant is said to have visited Thailand and Sri Lanka on two occasions to be with his partner without following the due procedure laid down for the same, the Bench said.Stating that in normal circumstances, dismissal from service would have been upheld by this Tribunal if the individual had challenged the action of dismissal, the Bench held that the respondents may be right in contending that when a member of the disciplined force breaches the rules, he has to be dismissed but there can be exceptions.“As an exception to normal rule and in the peculiar facts and circumstances of the case, we deem it appropriate to direct conversion of the administrative dismissal of the applicant into a case of discharge,” the Bench said.“However, on such discharge the applicant shall not be entitled to any monetary benefit, pension, no post-retiral benefit, even the status of an ex-service men shall not be available to the applicant,” the Bench ruled.Stating that his cannot be treated as a precedent in all cases, the Bench said that in view of the peculiar facts and circumstances, this case would be deemed to be that of a simple discharge only for the purpose of it not being a stigma or impediment in seeking any further employment elsewhere.

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