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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

THE HON’BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO Dated 17.04.2026

W.P.No.32591 of 2015 Between : B.Srikanth .. Petitioner

AND The TSRTC and others.

.. Respondents

ORDER:

This writ petition is filed aggrieved, by the proceedings

No.PA/19/1(34)/2014-RM:WL, dated 19.11.2014 passed by

the 2^nd respondent.

2. The brief facts of the case are as follows :-

(a) The petitioner was appointed as a Mechanic in

APSRTC on 01.01.1992 in the respondent organization. On 19.10.2013, the Assistant Engineer (Mechanical), Warangal-I

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Depot, lodged a complaint against the petitioner stating that during his inspection at about 23:00 hours, the petitioner was found in an intoxicated condition. Based on the said complaint, a preliminary enquiry was conducted, and a charge-sheet was issued to the petitioner on 24.10.2013. The petitioner was also suspended. The petitioner submitted his explanation on 31.10.2013, stating that he had not consumed liquor but had taken gutka and jarda pan during the night shift to avoid sleep. The same statement was also given

during the preliminary enquiry.

(b) During the domestic enquiry, it was categorically

admitted that the petitioner was not sent for a medical test for confirmation when the reading came positive while checking with the breath analyzer. Not being satisfied with the explanation submitted by the petitioner, the Enquiry Officer submitted a domestic enquiry report on 07.12.2013, holding

that the charge levelled against the petitioner was proved.

(c) Based on the said domestic enquiry report, the

Depot Manager called for objections from the petitioner on 11.12.2013. The petitioner submitted his objections on

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16.12.2013. Not being satisfied with the objections, the Depot Manager issued a show-cause notice to the petitioner on 20.12.2013, stating that the respondents had provisionally concluded to impose the punishment of removal from service. The petitioner submitted his explanation to the said show-

cause notice.

(d) However, without considering the explanation

submitted by the petitioner, the disciplinary authority passed the order dated 09.01.2014 removing the petitioner from service. Challenging the said removal order, the petitioner filed an appeal. The appellate authority, vide order dated 21.06.2014, modified the punishment of removal from service and directed the reinstatement of the petitioner as a Mechanic

afresh, subject to medical fitness.

(e) Pursuant to the order passed by the appellate

authority, the petitioner was appointed as a Mechanic on 02.07.2014 after undergoing medical tests. After joining service, the petitioner filed a review petition before the 2^nd respondent, stating that he had not consumed liquor but had taken gutka to avoid drowsiness during the night shift and

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that he was not subjected to medical examination. The petitioner also contended that the respondents’ conclusion that he had consumed liquor was incorrect and requested

reconsideration of his case.

(f) The 2^nd respondent, after hearing both sides,

rejected the review petition on 19.11.2014. Challenging the

said order, the present writ petition has been filed.

3. Learned counsel appearing for the petitioner submits that the punishment imposed against the petitioner is excessive. The respondents have not considered the petitioner’s explanation that the breath analyzer machine may respond with beep sounds even if gutka is consumed. Gutka is not a prohibited substance. The petitioner had consumed

gutka only to avoid drowsiness during the night shift.

4. Learned counsel appearing for the petitioner further submits that the petitioner’s request for medical examination was not considered by the respondents. If the result of the breath analyzer test is positive, the concerned person ought to be sent for medical examination. However, in the present

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case, the petitioner was not sent for medical examination despite his request, and the disciplinary aut

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