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2025 DAILYLAW 100586 (ALL)

RAJAN GUPTA v. U.P. STATE ROAD TRANSPORT CORPORATION AT LUCKNOW AND 2 OTHERS

WRIA/14532/2025 · 2025-09-23

Saurabh Shyam Shamshery

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 14532 of 2025 Court No. - 5 HON'BLE SAURABH SHYAM SHAMSHERY, J. 1.Heard Sri Bhawesh Pratap Singh, learned counsel for the petitioner and Sri Sheo Ram Singh,learned counsel for the respondents. 2. Petitioner is a contractual appointee and he was found driving bus in an inebriated condition and Breath Analyzer Test was conducted wherein 86 mg/100 ml Alcohol was found and his contract was terminated. 3. An argument raised by the learned counsel for the petitioner that petitioner was neither given any opportunity of hearing nor inquiry was conducted and on consideration of an exparte inspection report, he was terminated, cannot be accepted since the petitioner has undergone a Breath Analyzer Test on the spot, therefore, any other argument that immediate action was not taken has also no legal basis. There is no argument that Breath Analyzer Test was false, therefore, there is no reason to interfere with the impugned order. 4. Writ Petition is accordingly dismissed. September 24, 2025 SB Versus Counsel for Petitioner(s) : Bhawesh Pratap Singh Counsel for Respondent(s) : Sheo Ram Singh (Saurabh Shyam Shamshery,J.) Rajan Gupta .....Petitioner(s) U.P. State Road Transport Corporation At Lucknow And 2 Others .....Respondent(s) Digitally signed by :- SANDEEP BHATTACHARYA High Court of Judicature at Allahabad