‘Breath analyser test not entirely sufficient…’: Telangana High Court orders reinstatement of driver sacked for ‘drinking while on duty’ and protesting

The TSRTC, citing a breath analyser test conducted on March 8, 2024, which recorded 329 mg/100 ml of alcohol in the driver’s blood, maintained that the disciplinary action had a strong factual basis. The TGSRTC argued this was direct, objective, and scientific evidence of intoxication. It further confirmed that the machine had tested 54 other employees that same day, with 26 showing a “0” reading, and refuted the petitioner’s claim of a faulty machine.
‘Discriminatory action’ over dharna

The driver’s counsel contested the intoxication charge and argued that he was not consuming liquor while performing his duty. The counsel submitted that in line with prior judgments of both the Supreme Court and the high court, the oral testimony or a breath analyser result alone is insufficient without confirmation from blood and urine tests. Regarding the second charge of participating in a dharna, the petitioner claimed he attended the protest at 11:30 am, long after it commenced at 5.30 am. He also argued that 13 other employees participated in the dharna and yet only he was penalised.

After considering the arguments, the judge clarified that while the breath analyser report might be prima facie evidence, it necessitated sending the petitioner for further medical examination, specifically blood and urine tests, to ascertain the facts before punitive action is taken.
“The Court found the respondents’ decision to punish the petitioner solely on the breath analyser test, without considering his request for a recheck, to be illegal and arbitrary.”

On the second charge, the court noted the petitioner’s claim of discriminatory action, as 13 other employees who had participated in the protest were not penalised. As a result, the court set aside all three impugned orders. The TGSRTC was directed to immediately reinstate the driver into service, though the court denied the request for back wages.