D D SANSI Vs. UNION OF INDIA

JUDGEMENT

(1.) By this Petition under.Article 226 of the Constitution of India Shri D.D. Sansi, the petitioner herein, has challenged the legality and validity of the order dated 23rd June 1976 by the Director General of Civil Aviation removing the petitioner from the service.

(2.) The facts giving rise to this petition needs to be stated in some detail. The petitioner at the relevant time was working as Assistant Aircraft Inspector in the Civil Aviation department at Delhi. On 16th January 1974 there was an air-crash at Karnal Aerodrome in Haryana. The petitioner was ordered to hold an inquiry into the accident. The petitioner was required to submit his preliminary report within one week and. the final report within a period of four weeks. The petitioner reached Karnal on 17th January and held an inquiry into the accident. The petitioner recorded statements of a number of persons including that of Captain Roddey. who was the Chief Flying Instructor at Flying Club Karnal. A trainee pilot Rakesh Sehgal was seriously injured in the crash. The petitioner after.completing the inquiry returned to Delhi on 19th January. He submitted his preliminary report on 25th January 1974. The petitioner in his preliminary report found that Capt. Roddey, Chief Flying Instructor of the Flying Club was also on board although this. fact had been denied by many witnesses including Capt. Roddey. The petitioner also found that the wreckage had been shifted from its original position with the object of misguiding the investigator and eliminating the presence of Capt. Roddey on the controls. The petitioner further held that Capt. Roddey had tampered with the records of the Flying Club after the accident. The petitioner made the following recommendations : "Immediate Action and Recommendations :

(3.) On 28th January 1974 at 2 p.m. Capt. Roddey made a report (Ex. P. 7) to the Superintendent 'of Police (CBI) alleging that on 17th January 1974 Shri D.D. Sansi after recording his statement in his office at the Aerodrome had verbally asked him to see him at his residence on 25th January 1974, that as desired by Shri Sansi he met Shri Sansi at his residence at D.D.A flat in Safdarjung Development area on 25th January at 7.30 hours and Shri Sansi told him that the trainee-pilot Shri Rakesh Sehgal in his statement had stated that he (Capt. Roddey) was also on board the aircraft at the time of the accident, that Shri Sansi told him that he may also get in trouble. that he told Shri Sansi that the trainee-pilot was all alone in the plane at the time of. the accident and no blame should come on him, that Shri Sansi demanded a bribe of Rs. 3000.00 for helping him in the aircraft accident, that he showed his inability to arrange Rs. 3000.00 that ultimately he agreed to give Rs. 500l- and a bottle of whisky in the first instance as part payment which Shri sansi was to receive from him that day, that is, 28th January 1974 after .18 hows.