Madhya Pradesh High Court Upholds Compulsory Retirement of Police Constable for Misconduct
Intoxication on Duty Leads to Dismissal; Court Emphasizes Discipline Among Police Personnel
In a significant judgment, the Madhya Pradesh High Court has upheld the compulsory retirement of police constable Ashok Kumar Tripathi, who was found intoxicated while on duty. The Division Bench of Justices Anand Pathak and Pushpendra Yadav dismissed the appeal against the order of compulsory retirement, emphasizing the importance of discipline and vigilance in police duties, particularly in sensitive roles like guard duty.
The incident dates back to August 4, 2007, when Tripathi, during his guard duty at a bungalow in Gwalior, was found asleep under the influence of alcohol. The departmental enquiry confirmed the charges based on a doctor's testimony regarding the smell of alcohol on Tripathi's breath. Despite challenging the decision through various legal channels, including a writ petition, Tripathi's plea was consistently rejected, leading to this final appeal.
The court underscored that police personnel are expected to maintain high levels of discipline, and any misconduct, especially involving alcohol, poses risks to law and order. The judgment referenced several Supreme Court rulings, including Union of India v. K.G. Soni, highlighting that judicial intervention in administrative decisions should only occur if the decision is shockingly disproportionate or procedurally improper.
Furthermore, the court noted that this was not Tripathi's first disciplinary issue, as he had previously been penalized for absenteeism. The judgment also called attention to the growing issue of mobile and social media use by police personnel during duty, which can lead to indiscipline. The court advised senior police officers to incorporate sensitization programs and supervision mechanisms to address such issues.
The judgment not only reaffirms the disciplinary action against Tripathi but also serves as a reminder of the standards expected from law enforcement officers. The court's decision sends a strong message about the non-tolerance of indiscipline in the police force and the need for constant vigilance.
Bottom Line:
Police personnel are expected to maintain high levels of discipline and seriousness while performing their duties. Consumption of alcohol while on duty, especially in sensitive roles such as guard duty, constitutes a serious misconduct warranting strict action, including compulsory retirement.
Statutory provision(s): Madhya Pradesh Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 Section 2(1)
