Case details
Case: - WRIT - A No. - 8399 of 2020
Petitioner: - Pramod Kumar Sharma
Respondent: - State Of U P And 2 Others
Counsel for Petitioner: - Rewti Raman Patel, Awadhesh Kumar Malviya
Counsel for Respondent: - C.S.C.
The Allahabad High Court while pronouncing an important order has said that cancelation of appointment of an employee from the service on the basis of homosexuality is not valid. The court said that this is contrary to the directions passed by the Supreme Court in the case of Navtej Singh Johar. The court has also clarified that homosexuality is a personal matter of a person and it comes under person’s right to privacy.
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The Single Bench of Justice Sunita Aggarwal quashed the order to remove a home guards posted in Bulandshahr from his service on account of some video of the petitioner which was made viral by someone. The court has also directed the Commandant General of the Home Guards Department to take the petitioner back in service with immediate effect. The court stated that,
“The order of the cancellation of the appointment of the petitioner dated 11.06.2019 from the post of Home Guard passed by the District Commandant of Home Guards, Bulandshahar is hereby quashed.”
The court while placing reliance on the decision laid down by the Supreme Court in the case of Navtej Singh Johar v. Union of India has noted that,
“Apex Court in the said case has held that the sexual orientation of the person is his individual choice and any act of treating it as an offence would be interference in the right of the privacy of the person concerned.”
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