Delhi HC refuses to entertain plea of ATC Guild India against random breath analyser tests
Jan 19, 2022
New Delhi [India], January 19 : The Delhi High Court on Wednesday refused to entertain Air Traffic Controller (ATC) Guild India petition against conducting of random breath analyser (BA) tests on 5 per cent of the ATCs prior to joining duty at the airports during the surge of the COVID-19 cases.
Justice V Kameswar Rao refused to interfere with the process of conducting breath analyser tests on 5 per cent air traffic controllers.
The court observed that tests are being conducted on five persons in an hour and not more than six persons had to undergo breath analyser test in an hour.
Director General of Civil Aviation (DGCA) Counsel Anjana Gosain apprised the court that breath analyser tests were being conducted in accordance with the earlier directions passed by the court. Advocate Gosain also submitted that the area is sanitised properly after each test.
The court was hearing a petition filed by Air Traffic Controller (ATC) Guild India challenging conducting of random breath analyser (BA) tests on the controllers during the surge in COVID-19 cases.
Appearing for the petitioner, lawyer Piyush Sanghi, raised concern of controllers due to rise of coronavirus cases. He also pointed out lack of ventilation in the place where tests are being conducted.
Directorate General of Civil Aviation (DGCA) counsel Gosain submitted that it is taking all precautions.
The court said that it did not see any reason to entertain the petition and, henceforth it closed the matter. The court also directed the authorities to continue to follow the directions passed by the court earlier.
On May 11, 2021, the Delhi High Court had issued various directions on conducting breath analyser test, while maintaining a balance between the interest of the personnel as also passengers. It had directed DGCA that the Breath Analyser test at all airports to the extent feasible be conducted in a much bigger and an open area, which has CCTV coverage and the testing shall be random for all personnel i.e. ATCs, pilots, cabin crews and other personnel. It had also clarified that not more than 6 personnel shall be tested within the duration of one hour and the testing equipment shall be subjected to UVCA radiation, as per the protocols already prescribed by the DGCA, which were considered by the Committee appointed by DGMS (Air).
