HYDERABAD: Telangana high court has ruled that a breath analyser test alone is insufficient to prove intoxication, holding that additional medical evidence - like blood and urine tests - is necessary to substantiate such charges.
The court made this observation while setting aside the removal of a Telangana State Road Transport Corporation (TGSRTC) driver from the Madhira depot in Khammam, who was dismissed in April 2024 after 17 years of service over charges of drinking alcohol and participating in a dharna near the depot.
"The breath analyser report may, at best, be prima facie evidence to send a person for further medical examination," HC said. "But without conducting blood and urine tests to confirm the report, authorities could not have initiated disciplinary action ." It observed the punishment was illegal and arbitrary and directed TGSRTC to reinstate the driver, though without back wages.
According to the case records, the driver was issued a chargesheet in March 2024 over charges of intoxication and participation in a dharna. Though he gave a written explanation, he was dismissed. His appeal before the appellate authority was also rejected.
The court made this observation while setting aside the removal of a Telangana State Road Transport Corporation (TGSRTC) driver from the Madhira depot in Khammam, who was dismissed in April 2024 after 17 years of service over charges of drinking alcohol and participating in a dharna near the depot.
"The breath analyser report may, at best, be prima facie evidence to send a person for further medical examination," HC said. "But without conducting blood and urine tests to confirm the report, authorities could not have initiated disciplinary action ." It observed the punishment was illegal and arbitrary and directed TGSRTC to reinstate the driver, though without back wages.
According to the case records, the driver was issued a chargesheet in March 2024 over charges of intoxication and participation in a dharna. Though he gave a written explanation, he was dismissed. His appeal before the appellate authority was also rejected.
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