Hyderabad: The Telangana High Court on Wednesday, October 29 ruled that a breathayser test alone is not proof of intoxication and can’t be grounds for disciplinary action.
The High Court stated that blood and urine tests should be conducted to confirm the results of a breath test before any action is taken. These observations were made by Justice Namavarapu Rajeshwar Rao while hearing a plea filed by A Venkati, a Telangana State Road Transport Corporation (TGSRTC) driver who was dismissed.
Vankati was deployed at the Madhira depot in Khammam district of Telangana. He was terminated by the TGSRTC for allegedly consuming alcohol and joining a protest at the depot in Khammam. According to reports, this cost the TGSRTC a loss of Rs 18,532 due to cancelled services and damaged the corporation’s image.
The RTC argued that disciplinary action was justified as the breath analyser showed an alcohol reading of 329 mg/100 ml, direct and scientific proof of intoxication.
However, citing a 2015 High Court order in a similar case, Justice Rajeshwar Rao ruled that without corroborating blood or urine tests, a breath analyser report alone could not substantiate intoxication.
The court concluded that the petitioner’s removal based solely on the breath test was unsustainable and emphasised that such reports can only serve as preliminary evidence for further medical examination.
This article has been updated with a new featured image and the correct spelling of breathalyser
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