CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI Reserved on: 10.12.2025 Pronounced on:07.01.2026 Hon’ble Mr. R.N. Singh, Member (J)

Hon’ble Mr. B. Anand, Member (A)

Shiv Kumar(L)

S/o Late Sh. Laloo Singh

48 years ‘C’

Ex-Loco Pilot (Goods)

Northern Railway, Muradabad R/o 128, Near Shiv Mandir Prahladpur, Badarpur Border New Delhi – 110044.

…Applicant (By Advocate: Mr. G.D. Bhandari with Mr. S.P. Sethi)

VERSUS

1. The General Manager Northern Railway Baroda House New Delhi – 110001.

2. The Divisional Railway Manager Northern Railway Moradabad.

3. The Senior Divisional Mechanical Engineer (O&F)

Northern Railway, DRM Office Moradabad.

…Respondents (By Advocate: Mr. R.K. Jain)

ORDER Hon’ble Mr. B. Anand, Member (A):

The brief facts of the case are that the applicant, a Loco Pilot (Goods), was working under the respondents in the Northern Railway, Moradabad Division, and was subjected to a Breath Analyzer (B.A. Test) at 8.27 A.M. on 22.10.2015 as per the practice of the Indian Railways in testing Loco-Pilots to ensure that they are free from the influence of alcohol. The said B.A. Test on the applicant showed the result as 132 mg/100 ml, which enabled the Railways to learn that he was inebriated. The standard practice of the B.A. Test is that the B.A. machine, without alcohol, shows 00 mg/100 ml, and before using the B.A. machine, the respondents fill the machine with alcohol to check whether the machine is working properly. In this case also, they did the same and the result was 00 mg/100 ml without alcohol and 85 mg/100 ml when alcohol was added. This shows that the machine was in working condition. Thereafter, when the B.A. Test was conducted on the applicant, it showed 132 mg/100 ml, which showed that he was inebriated. The applicant requested the Crew Controller, Mr. D.S. Pawar, who conducted the B.A. test, to conduct the test again, but he did not accede to his request as there was no provision under the rules for conducting a re-test. The applicant was asked to wait in the lobby by the Crew Controller after the B.A. Test was over. However, he quietly left the lobby without permission. Therefore, the respondents issued a charge memo as hereunder:–

“STATEMENT OF ARTICLE OF CHARGE That on 22.10.2015, when you are called for duty, you are found 132mg/ml alcoholic, when subjected to BA Test, which is most reprehensiveable and is in violation of the Railway Safety Rules. Your conduct has been observe in grave violation of RSDA Rules 3.1 sub para (i)(ii) and (iii) along with violation of para 2.09 of the G&SR Rules, 2009.”

2. The Inquiry Officer submitted his inquiry report dated 11.04.2016, concluding that the charge stood ‘proved’. The Disciplinary Authority, agreeing with the findings of the Inquiry Officer, passed the following orders for removal from service:–

“1. Shri Shiv Kumar (L) arrived in lobby at 8:48 and tried to get B.A. done from other LP/ALP but due to CCTV recording proxy B.A. was not done. He left lobby without B.A. Test and again arrived at 8:58 in lobby for B.A. Test.

2. B.A. Test was conducted and found Positive (132 mg/100 ml) and he left lobby without any intimation and without medical examination.

3. B.A. Test has been done with calibrated B.A. equipment of M/s Preksha and as per policy on drunkenness, medical test is to be done in cases state of art calibrated BA. Equipment is not available.

4. Since B.A. test is done with calibrated, fuel cell based B.A. set and also as per statements given by C.C. no other crew was found Positive before and after examination, so the B.A. Test report is relied upon.

5. C.O. in his defense note has no where commented upon the Enquiry Report and its findings and has just commented that he could have been called for blood test.

6. This is C.O.’s responsibility, as once he knew he has been found Positive in alcohol, he himself should took (sic.) steps for medical examination to make B.A. test report VOID.

7. As per B.A. Test report and based on E.O. finding since charges are proved, therefor