New Delhi: The Supreme Court on Tuesday observed that exchanging sexual messages and nude photographs by a naval officer with a foreign woman, whose husband is an Indian, cannot per se be a ground for dismissal from service.

A three-judge bench of Chief Justice H.L. Dattu and Justices S.J. Mukhopadaya and Arun Mishra upheld an order of the Armed Forces Tribunal quashing the order of dismissal from service of naval commanding officer N. Kalyan Kumar of Mumbai, holding that the disproportionate punishment had shocked the conscience of the tribunal.

The CJI told attorney-general Mukul Rohatgi, appearing for the Centre, that exchange of some obscene messages between the woman and the naval officer could not be a ground for dismissal as any such relationship between the two was consensual.

The CJI said “merely because an Indian officer was in contact with a “white skin” woman or inviting her for breakfast with her husband would not be a ground for dismissing him from services.

Mr Kumar, a naval commander working at Mumbai, was discharged from the Navy on May 7, 2013, after he was found guilty of exchanging explicit messages, including his own nude photographs, with the foreign woman, who was also the wife of another Indian Navy officer.

He had challenged his dismissal before the Armed Forces Tribunal, which on June 25, 2014, quashed the dismissal and directed his reinstatement.

However, the Centre appealed in the apex court challenging the AFT’s order of reinstatement. Justice Dattu asked the AG, “Is that such a serious charge for dismissing from service? The AG said he was found guilty by the board of inquiry as “his conduct was unbecoming of a senior officer and it was a serious lapse.” He said it involved moral turpitude and such a punishment is warranted.

He also said the exchange of information was an offence under the provision of the Information Technology Act. The CJI asked, "Was there any complaint from anybody including the husband of the lady? The AG said no complaint was received from the husband. "We came to know through the intelligence (about the exchange of obscene information). Armed forces has high standards of morality to be maintained," Mr. Rohatgi said.

"We can understand if there is a charge that he passed on sensitive information to the woman but there is no such charge. Merely because she ate ‘dosas’ in his house can you dismiss him from service. Merely being a high-ranking officer and meeting a foreign national cannot be a taboo. In a society where we respect freedom can we say he should not meet a lady with white skin? Is it such a big sin that you throw him out of service.

The Tribunal seems to be justified in passing the order (reinstatement order). The petition is dismissed," the bench said in a brief order.