Tribunal alters gay ex-IAF man 'dismissal' to 'routine discharge'

New Delhi: The Armed Forces Tribunal's principal bench has transformed the dismissal order of a former non-commissioned IAF officer, who acknowledged being gay, into a routine discharge. The decision, made by Justice Rajendra Menon and Justice Rasika Chaube, prevents long-lasting career damage for the ex-officer looking for employment outside the armed forces.

The non-commissioned IAF officer had served for approximately 10.5 years before applying for a compassionate premature discharge in 2024 to bond with his partner. Instead of approving the discharge, the IAF initiated a court of inquiry, concluding he had violated discipline and posed a national security risk by dating a foreigner.

The inquiry also found him guilty of traveling abroad (to Thailand and Sri Lanka) without authorization, leading to his dismissal earlier this year. The ex-officer subsequently appealed to the AFT's principal bench, not to contest the IAF's disciplinary authority, but to request the dismissal to be changed to a discharge to enable him to seek civilian employment.

The tribunal determined that while dismissal is appropriate when rules are transgressed, exceptions should be considered in this instance. The respondents could have granted the discharged to the applicant, but by dismissing him under the guise of upholding discipline, they refused to retain his service. Both actions ultimately result in the respondents not wanting the applicant's service.