While ordering that the complainant, the home guard, be reinstatement, the court also directed the government to pay all his dues
In a significant decision, the Allahabad High Court ruled that homosexuality cannot be the ground for dismissal from service.
The ruling of the court came after a petition was filed by a homeguard challenging his dismissal from service based on his sexual orientation.
Justice Sunita Agarwal, while setting aside the order of dismissal and ordering reinstatement of the sacked homeguard, said that display of affection among the members of the LGBT community towards their partners could not be held wrong until it disturbed public order and was indecent.
The court cited the judgement of the supreme court in Navtej Singh Johar vs Union of India and said that the dismissal order was a violation of the observations of the apex court in the judgement. The supreme court had observed in the judgement that the sexual orientation of an individual was his/her own choice and to treat it as an offence would amount to violation of his Right to Privacy.
The home guard was sacked in June 2019 by the commandant, home guards, Bulandshahar, after a video, which allegedly showed him showing ‘affection’ toward his male partner. The commandant had said in the dismissal order that the home guard had been sacked for indulging in immoral sexual acts.
While ordering the home guard’s reinstatement, the court also directed the government to pay all his dues.