THE HON’ BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No.39825 of 2018

ORDER:

The petitioner was appointed as Driver in the respondent-

Road Transport Corporation on 28.12.1997. It is his case that on 04.02.2014, he was originally booked for a Hyderabad non-stop service, but due to exigency of services, his duty was later altered to Hyderabad-Halia night-out duty. While resting at Halia, he developed symptoms of food poisoning including vomiting and loose motions, necessitating temporary rest at a relative’s house with the conductor’s knowledge and consent. Despite resuming duty on 05.02.2014, his health deteriorated en route, with continued vomiting and giddiness, eventually leading to a stoppage near a place called Lingotam, where he was subjected to a Breath Analyzer Test by Security personnel and Assistant Depot Clerk, which allegedly indicated 128 MG/100 ML BAC. He disputes being under alcohol influence and attributes the reading to medication for jaundice and Gutka consumption, and states that no medical examination was conducted to corroborate the allegation of intoxication. Despite explaining these facts in preliminary and detailed enquiries, supported by the Conductor of