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2024 Supreme(AP) 1282

G. NARENDAR, NYAPATHY VIJAY
Managing Director APSRTC – Appellant
Versus
P. Srinivasa Rao S/o Nancharaiah – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Solomon Raju Manchala
For the Respondent: Narasimha Rao Gudiseva

JUDGMENT :

G. NARENDAR, J.

1. Heard learned counsel for the Appellants-Corporation and learned counsel for the 1st Respondent.

2. The Appellants is the Employer-Transport Department and this Appeal is preferred being aggrieved by the order of the learned single Judge rendered in W.P. No. 18876 of 2021, whereby the learned single Judge was pleased to grant partial relief to the Respondent No. 1 by the following order:

    “13. Even Section 204 of the Motor Vehicles Act indicates about the conduct of laboratory test. In the present case, there is discrepancy of reading and the device is only a prima facie evidence of alcohol in blood that it cannot be a decisive test to impose punishment against the delinquent, as discussed above there can be false implication and this Court held that the delinquent ought to have been subjected to medical rather than breath analyzer. For the above discussion and as per the quoted judgments, this Court feels that the order of removal/dismissal is liable to be set aside.

    14. The order impugned in the present Writ Petition is hereby set aside and the respondents are directed to reinstate the petitioner into service, however, the petitioner shall suffer the punis

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