AR AIRWAYS PVT. LTD. Vs. UNION OF INDIA

JUDGEMENT

(1.) The present petition was filed by the petitioner challenging the Show Cause Notice dated 30.07.2020 issued by the respondent no. 2 to the petitioner, informing the petitioner that based on the inputs received from the respondent no.3/Ministry of Home Affairs, the respondent no. 1/Ministry of Civil Aviation vide its letter dated 26.06.2020 has denied the renewal of security clearance of the petitioner. The Show Cause Notice mentioned that in view of the denial of security clearance, the petitioner did not remain in compliance with Para 11 of the Civil Aviation Regulations Section -3, Series-C, Part-III and, therefore, the petitioner was called upon to show cause as to why its Air Operator Permit be not cancelled.

(2.) This petition was first listed before this Court on 08.09.2020 till when the petitioner was communicated the impugned orders dated 03.09.2020 and 04.09.2020, rejecting the approval of the Aircraft Operator Security Program of the petitioner relying upon the denial of security clearance to it and cancelling the Airport Entry Permits to its employees.

(3.) The petitioner was also communicated an order dated 07.09.2020 whereby the respondent no.2 cancelled the Air Operator Permit of the petitioner. The said communication inter alia recorded that the reply received from the petitioner to the Show Cause Notice was forwarded to the "Appropriate Authority for review and comments." The Appropriate Authority, that is the respondent no.1, reiterated its decision of denying the security clearance to the petitioner vide its letter dated 01.09.2020. As the security clearance is a pre-requisite for grant/renewal of the Air Operator Permit, the permit of the petitioner was cancelled.