22-Jun-2024 08:08 PM
6509
Patna, June 22 (Reporter) Patna High Court has ruled that a breath analyser report could not be treated as conclusive and convincing proof of liquor consumption.
Justice B Chaudhary, while disposing of a petition filed in connection with the dismissal of Prabhakar Kumar Singh, a clerk of Sub Divisional Officer(SDO) in Supaul district of Bihar, for consuming liquor while on duty, ruled that the breath analyser report could not be a basis to draw an inference of liquor consumption by the person concerned.
Laboratory tests of blood and urine samples could be the basis for drawing the conclusion that the person concerned had consumed liquor before slapping any major penalty like dismissal from the service, the court noted.
The Court pointed out that the Supreme Court had also ruled in a number of cases where a breath analyser report could not be any basis for slapping stringent punishment against any person. After hearing arguments of both the petitioner and prosecution, the court set aside the order dated January 11, 2020, of the District Magistrate of Supaul dismissing a clerk, Prabhakar Singh, posted in the SDO office. No blood or urine test was conducted before finding Singh guilty in the case, the court pointed out.
As it is, Singh was found guilty of consuming liquor while on duty, and after departmental proceedings, he was dismissed from the service. Bihar was declared a complete dry state by the Nitish Kumar government in April 2016 and legal provisions were made to punish any person found guilty of a violation of the prohibition law...////...