The home department has initiated disciplinary action against a Deputy Superintendent of Police (DySP) in Kerala on charges of having an extramarital relationship and fathering a child outside of marriage.

This accounted for a breach of discipline and grave blemish of character, unbecoming an official supposed to perform duties with integrity and good conduct, the order noted.

The official got married in 1998 and has two children. He got acquainted with a woman who was divorced in 2015. He has a child in this relationship, and he entered his name as the child's father and the woman's husband in the hospital and corporation records.

The inquiry report against the official noted that while it was appreciable to give mental support to a woman whose life was in distress post-divorce and to help her secure a job, the manner in which he got friendly with her and fathered a child despite being married brought disrepute to the police force.

The order cites Section 93 of Kerala Service Staff Conduct rules, which says that no government employee shall contract a bigamous marriage even if the personal law permits a second wife and that the staff ought to obtain the government's consent for another married relationship when the first wife is alive.

The inquiry report notes that even if he hasn't married another woman, the birth of a baby from an extramarital relationship is a violation of his code of conduct. His action maligned the image of the force, it said. The department has decided to cut his two annual increments as a disciplinary step.

In his response, the official said that his relationship with his wife is very friendly, and he has performed his duties as a husband and father with love and care. He met with the woman incidentally, and a child was born out of a friendly relationship.

His family is in the know of this relationship and has accepted the issues that arose from the pressure of circumstances. He also said that he has ended the relationship with the woman and continues to uphold his responsibilities as a father.

He further pointed out that when he got close to this woman, she was separated from her husband. His friendship with this woman has not brought any shame to the police force. The official said in his response that the provision dealing with adultery in IPC has been declared unconstitutional.

"I am fully aware that the friendship with the woman and birth of a child is unjustifiable given my status as a responsible police official. However, I have not committed an offence," he said in his statement of defence.

The home department set aside this contention and said that action was initiated not based on adultery but because of the fact that even while being married and father of two, he became father to another child in an extramarital relationship, and the paternity was recorded in official registers.

The order cites the provision on bigamy and adds that fathering a child outside of marriage is a violation of the conduct of Kerala government staff. The home department also sought the opinion of the Public Service Commission, which concurred with the government's stand.

Former DGP Jacob Punnoose said that applying bigamy to initiate disciplinary action may not be technically tenable since the officer hasn't married the woman, but it was still a fit case for action. "It is not a case of morality. A government official's moral conduct shall be above public reproach. It is also about the public perception of an official's moral conduct. In this matter, the conduct was undesirable and unbecoming of a government staff, which may not be the case for any other individual who is not a government servant," said Punnoose.

K Jayakumar, former chief secretary and Director of the Institute of Management in Government (IMG), said that the rules were formulated before concepts like living together became normal. "He may not have married the woman, but he has a child in that relationship and it is officially recorded. It is subject to interpretation of bigamy," he said.

Onmanorama tried to contact the official who has faced disciplinary action but could not be reached for comments. The Rajasthan High Court in 2019 ruled that the state government cannot initiate departmental proceedings against a government employee for being involved in an extramarital affair.

In 2023, the High Court of Kerala held that the government shall not inquire into the private affairs of a government servant unless any manifest misconduct is expressed in their activities which call for action.