The Madhya Pradesh High Court at Gwalior has upheld the compulsory retirement of a police constable accused of being drunk while posted on guard duty at a protected residence. A division bench comprising Justice Anand Pathak and Justice Pushpendra Yadav delivered the ruling on September 11, 2025, in Ashok Kumar Tripathi v. State of Madhya Pradesh & Others (Writ Appeal No. 1140 of 2025).
Background
The case arose from an incident dated August 4, 2007, when constable Ashok Kumar Tripathi was deployed on guard duty at Bungalow No. 16, Gwalior. According to the charge sheet, he was found sleeping and allegedly under the influence of alcohol. Following a departmental inquiry, he was punished with compulsory retirement on December 31, 2007. His appeals before the Deputy Inspector General, the Director General of Police, and later a writ petition before the single bench of the High Court all failed.
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Tripathi then approached the division bench in 2025, challenging the dismissal of his writ petition. His counsel argued that the findings were based merely on a “smell test” without any proper medical examination or breath analysis. It was also submitted that the doctor had declared him “fit,” and therefore the charge of intoxication was unsustainable.
Court’s Observations
The bench took note of the departmental evidence, particularly the testimony of Dr. A.K. Saxena, who confirmed detecting the smell of liquor from the petitioner’s breath. Stressing the importance of discipline in uniformed services, the judges observed: “An employee that too in police department if performs duties while in influence of liquor or in inebriated condition, is a recipe for law and order problem or dereliction of duty where many things are at stake.”
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The Court also referred to earlier punishments against the petitioner for dereliction of duty, including absence from duty in 2007, for which an increment was stopped. The judges remarked that the conduct showed a pattern of negligence.
Quoting Supreme Court precedents, the bench explained that judicial review cannot substitute administrative discretion unless the punishment is shockingly disproportionate. Here, compulsory retirement was considered reasonable.
Interestingly, the bench extended its concern beyond this case, highlighting the modern-day issue of police personnel being distracted by mobile phones and social media while on duty.
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“Nowadays it is commonly observed that Guards on Bungalow duties, Court duties, Law and Order duties… are involved in observing Mobile and Social Media. This creates indiscipline and casualness in duties,” the Court said, suggesting senior officers should take remedial steps.
Decision
After reviewing the record, the division bench dismissed Tripathi’s appeal and affirmed the earlier orders of the disciplinary authority, the Director General of Police, and the writ court. The judgment concluded with a direction to forward a copy to senior police officers, including the Director General of Police at Bhopal, for consideration of sensitization programs and stricter supervision of constables and officers on duty.
Case Title: Ashok Kumar Tripathi v. State of Madhya Pradesh & Others
Date of Judgment: September 11, 2025