What is the process if any worker is found in a drunk case?
Yesterday I went to Civil hospital for medical but they denied due to lack of a police letter and then after I went to the police station for the process but police also denied to register the complaint and to do the medical because they don't have any law provision to register complaint and do medical test like this case.
(Note- We are from Maharashtra)
Yesterday I went to Civil hospital for medical but they denied due to lack of a police letter and then after I went to the police station for the process but police also denied to register the complaint and to do the medical because they don't have any law provision to register complaint and do medical test like this case.
(Note- We are from Maharashtra)
Being drunk is not a crime in itself whereas intoxicated could be if one is unable to manage self, showing wild posture, incoherent language, threatening gestures, creating a scene, making a public nuisance, etc.
Section 510 of IPC: Misconduct in public by a drunken person: Whoever, in a state of intoxication, appears in any public place, or in any place which it is a trespass in him to enter, and there conducts himself in such a manner as to cause annoyance to any person, shall be punished with simple imprisonment for a term which may extend to twenty-four hours, or with fine which may extend to ten rupees, or with both.
So a Police Complaint has to be lodged fulfilling the conditions indicated in the Section to make out a case of intoxication in a public place before the medical test is done.
From India, Mumbai
1534Section 510 of IPC: Misconduct in public by a drunken person: Whoever, in a state of intoxication, appears in any public place, or in any place which it is a trespass in him to enter, and there conducts himself in such a manner as to cause annoyance to any person, shall be punished with simple imprisonment for a term which may extend to twenty-four hours, or with fine which may extend to ten rupees, or with both.
So a Police Complaint has to be lodged fulfilling the conditions indicated in the Section to make out a case of intoxication in a public place before the medical test is done.
From India, Mumbai
Facts, as posted, lacks clarity. Is it that a worker was found to be drunk in his work place and that he was in state of intoxication that it was unsafe to deploy him?
From India, Kochi
From India, Kochi
Dear Devendra,
The previous two learned members have given their comments. You could have given a little more information of the incident. Please tell us who was drunk? Where he was drunk? Who detected his drunken state? When it was detected? If it was in the workplace then was the matter reported to the security department? What action did they take thereafter? Was the medical examination when the worker was drunk? If yes, then what is the medical test report?
To drive a vehicle in India, the blood alcohol content (BAC) legal limit is 0.03% or 30 mg alcohol in 100 ml blood. What was the BAC as per the test report?
I recommend you investigating the incident. Give a chance to the accused to defend his case. Investigate whether it was a security lapse.
Thanks,
Dinesh Divekar
From India, Bangalore
The previous two learned members have given their comments. You could have given a little more information of the incident. Please tell us who was drunk? Where he was drunk? Who detected his drunken state? When it was detected? If it was in the workplace then was the matter reported to the security department? What action did they take thereafter? Was the medical examination when the worker was drunk? If yes, then what is the medical test report?
To drive a vehicle in India, the blood alcohol content (BAC) legal limit is 0.03% or 30 mg alcohol in 100 ml blood. What was the BAC as per the test report?
I recommend you investigating the incident. Give a chance to the accused to defend his case. Investigate whether it was a security lapse.
Thanks,
Dinesh Divekar
From India, Bangalore
Dear Colleague,
It is understood from your post that a worker of your establishment was found in mere ' drunken' state. His behaviour in drunkenness , whether unruly, indecent or riotous or harming any person is not given. Presumably, the act has taken place outside the workplace.
Under these circumstances, I don't believe, this calls for any action from your end at the moment except to collect facts of the case properly and revert if required.
Regards,
Vinayak Nagarkar
HR and Employee Relations Consultant
From India, Mumbai
It is understood from your post that a worker of your establishment was found in mere ' drunken' state. His behaviour in drunkenness , whether unruly, indecent or riotous or harming any person is not given. Presumably, the act has taken place outside the workplace.
Under these circumstances, I don't believe, this calls for any action from your end at the moment except to collect facts of the case properly and revert if required.
Regards,
Vinayak Nagarkar
HR and Employee Relations Consultant
From India, Mumbai
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