In a recent ruling, the Madhya Pradesh High Court upheld the decision to compulsorily retire a security guard who was found asleep while on duty at the official residence of a High Court judge in Gwalior, back in 2007. The court found the guard’s actions to be a serious misconduct, particularly given his responsibility to maintain vigilance.
During the investigation, it was noted that the guard’s breath had the distinct smell of alcohol. While a medical examination concluded that he was not intoxicated at the time, it did confirm the presence of alcohol on his breath. The guard, however, defended himself by claiming that he had consumed cough syrup due to feeling unwell, asserting that no alcohol had been involved.
Justice Gurpal Singh Ahluwalia, delivering the judgment, explained that the smell of alcohol in the guard’s breath alone was enough to conclude that he had been drinking. The judge clarified that even if a person regains consciousness after consuming alcohol, it is still evidence of prior consumption. In this case, the guard had likely consumed liquor hours before the medical test, and the lingering alcohol smell confirmed his consumption.
The court further emphasized that the argument regarding a lack of evidence was without merit, as no questions were raised about the alcohol smell during the medical examination. Justice Ahluwalia strongly pointed out that for a guard, whose primary duty is to ensure security, consuming alcohol during duty hours is a severe violation. The consequences of such actions, he noted, were not to be taken lightly.
Ultimately, the court dismissed the guard’s appeal, affirming that compulsory retirement was a fitting response to his misconduct. The decision reinforces the gravity of ensuring that those entrusted with security duties remain alert and responsible at all times.
