Madhya Pradesh High Court cancels dismissal of policeman in 2022 Guna murder case
Bhopal: In a significant relief to a police officer, the Madhya Pradesh High Court, Gwalior bench has set aside his dismissal from service, holding that the punishment was not appropriate in the case related to the 2022 incident in Guna district in which three policemen were killed.The case pertains to Inspector Vinod Singh Rathore, who was posted as Station House Officer at Aaron police station when a police team sent to stop suspected deer poachers came under heavy firing on the night of May 13-14, 2022, resulting in the death of three personnel.A departmental inquiry held the officer responsible for negligence, primarily for not accompanying the team himself and allegedly sending inadequate forces and weapons. He was subsequently dismissed from service and both his appeal and the second appeal were rejected.However, the High Court found that the allegations point more towards lack of efficiency, foresight and judgment, which does not automatically amount to misconduct under service rules. It said there were no clear guidelines requiring the SHO to personally lead such operations, nor was there any conclusive evidence that the team sent was inadequate.The court also recorded that the officer, taking a decision based on available information, had deployed seven out of 11 available personnel and equipped them with the best weapons available at the police station. It was held that a decision resulting from a decision cannot, in itself, be considered misconduct warranting dismissal.The bench further said that the authorities failed to adequately consider the officer’s 27 years of service record, which included out-of-turn promotions and nearly 200 cash awards for bravery, including operations against a notorious gang in the Chambal region.Setting aside the order of dismissal, the High Court directed that the officer be reinstated with continuity of service but without arrears of pay. The Court underlined that punishment should be proportionate and based on proven misconduct, and not merely the result of operational decisions.