D SHARAN Vs. INDIAN AIRLINES

JUDGEMENT

(1.) The petitioner by means of this writ petition Is seeking issuance of a writ of mandamus directing the respondents not to cancel the rating and endorsement in respect of his Commercial Pilot's licence No. 1504 held by him. The petitioner apprehended threat of such an action because of the Indian Airlines B-737 Aircraft, VT-EAI, on which he was co-pilot, having met with an accident at Indira Gandhi International Airport, New Delhi on 19th June, 1988. The petitioner also sought issuance of a writ of mandamus or any other appropriate writ quashing the report of the Inspector of Accidents assailing the same as being illegal, void and in violation of Rule 71 of the Aircraft Rules, 1937 and also rules of natural justice.

(2.) After the filing of the writ petition. It appears that respondent No. 2, Director General of Civil Aviation (DGCA) on 25th May, 1989 actually passed an order disqualifying the petitioner permanently from obtaining any ratings and endorsement of any passenger aircraft engaged in scheduled air transport service under sub-rule (1) of Rule 39-A of the said Rules and he was also directed to surrender his licence to the said office. Earlier to that, by an order dated 20th June, 1988, as a result of some preliminary investigation in respect to the accident, pilot's licence held by the petitioner was suspended. The petitioner was further placed under suspension by respondent No. 1, as a sequel to suspension of his pilot's licence by order dated 23rd June, 1988.

(3.) The matter was partly heard when the petitioner took time to file an additional affidavit to give instances where the respondents had taken a far more lenient action in the case of pilots and co-pilots involved in accidents similar to or as per petitioner's allegations, even more serious than the one for which action has been initiated against him, besides the commander of the aircraft, namely, Capt. Mukund Verma. After the additional affidavit was filed and respondents took time to file the reply affidavit; an order has been passed in the meantime by the D.G.C.A. recalling the notice issued to the petitioner on 4th January, 1989 and also the order passed on 25th May, 1989 whereby commercial pilot's licence held by the petitioner was suspended, and he was further disqualified permanently from flying any aircraft or get any ratings or endorsement to fly a passenger aircraft.