Breath Analyser Test Not Final Proof: Telangana HC
The court held that blood and urine tests must be conducted to confirm the results of a breath test before any punitive action is taken: Reports
HYDERABAD: The Telangana High Court has ruled that a breath analyser test alone is insufficient to prove an employee’s intoxication and cannot be the sole basis for disciplinary action. The court held that blood and urine tests must be conducted to confirm the results of a breath test before any punitive action is taken.
Justice Namavarapu Rajeshwar Rao made these observations while hearing a petition filed by A. Venkati, a dismissed TGSRTC driver from Madhira depot in Khammam district. Venkati was terminated for allegedly consuming alcohol and joining a protest in front of the depot, causing a revenue loss of ₹18,532 due to cancelled services and damaging the corporation’s image.
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.
