IN THE ABSENCE OF ANY MEDICAL EVIDENCE, THE ORAL TESTIMONY OF LEADING HAND CANNOT BE RELIED ON: TELANGANA HIGH COURT
The High Court of Telangana passed a judgment on 25 April 2023 stating that in the absence of any medical evidence, the oral testimony of leading hand cannot be relied on.It was stated in the case of K.Shanker v. TSRTC and Ors.( W.P.No. 30453 of 2013)which was passed by the single judge bench comprising of HONOURABLE JUSTICE SUREPALLI NANDA
FACTS OF THE CASE:
The petitioner was appointed as Conductor in the year 1996 and his services were regularized on 01.08.1997. When the petitioner was performing duty on 26.07.2005 on the bus bearing No.AP9Z4839 of Hayathnagar Bus Depot, when the bus reached the bus depot, one of the officers asked him whether he consumed any liquor while he was on duty. The petitioner said that he has not taken any liquor while he was performing on duty. Then, they conducted a breath analyzer test, but there was no response from the machine initially, thereafter, the respondent staff themselves stated that there was a signal of intoxication, but he has not seen the same. Subsequently, the petitioner was issued with a charge sheet and suspension order dated 03.08.2005 alleging that he was in inebriated condition while performing duty on 26.07.2005. Thereafter, the petitioner submitted explanation denying the charge, but without satisfying the same, a formal enquiry was conducted and punishment of reduction of pay by two incremental stages with cumulative effect was imposed against the petitioner treating the suspension period as not on duty for all purposes by the 4th respondent. Against the said final proceedings, dated 23.12.2005 by the 4th respondent, the petitioner preferred appeal to the Divisional Manager, Hyderabad Division, but it was rejected on 06.11.2006. Thereafter, the petitioner preferred review petition to the 2nd respondent and the same was also rejected on 22.11.2007. Hence, this writ petition.
JUDGEMENT OF THE CASE
The respondents are directed to restore the reduced increments of the petitioner with proper fixation and treat the period of suspension of the petitioner as on duty for all purposes and pass appropriate orders accordingly, within a period of three weeks from the date of receipt of the copy of the order. However, there shall be no order as to costs.
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JUDGEMENT REVIEWED BY ROSHNI SABU, KERALA LAW ACADEMY LAW COLLEGE.