Madhya Pradesh high court sets aside cop’s dismissal in 2022 Guna killing 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 justified in a case linked to a 2022 incident in Guna district in which three policemen were killed.

The case relates to an inspector Vinod Singh Rathore who was posted as Station House Officer at Aaron police station when a police team sent to intercept suspected deer poachers came under heavy fire on the night of May 13–14, 2022, leaving three personnel dead.

A departmental inquiry had held the officer responsible for negligence, mainly for not accompanying the team himself and allegedly sending inadequate force and weapons. He was subsequently dismissed from service, and both his appeal and second appeal were rejected.

The High Court, however, observed that the charges pointed more to lack of efficiency, foresight and judgment, which do not automatically amount to misconduct under service rules. It noted that there were no clear guidelines requiring the SHO to personally lead such operations, nor any conclusive evidence that the team sent was insufficient.

The court also recorded that the officer had deployed seven of the 11 available personnel and had equipped them with the best weapons available at the police station, taking a decision based on the information at hand. It held that a decision resulting in an outcome cannot, by itself, be treated as misconduct warranting dismissal.

The bench further noted that authorities had failed to adequately consider the officer’s 27-year service record, which included out-of-turn promotions and around 200 cash rewards for bravery, including operations against a notorious gang in the Chambal region.

Setting aside the dismissal orders, the High Court directed that the officer be reinstated with continuity of service, but without back wages. The court underlined that punishment must be proportionate and based on proven misconduct, not merely on the outcome of operational decisions.