LAWS(DLH)-2019-1-69

AVINASH BHARTI Vs. UNION OF INDIA AND ORS

Decided On January 08, 2019
Avinash Bharti Appellant
V/S
Union of India And Ors Respondents

JUDGEMENT

(1.) The petitioner is an Aircraft Maintenance Engineer and the Central Government had granted him a licence being AME Licence No. 6745 (A&C) issued in terms of Rule 61 of the Aircraft Rules, 1937 (hereafter "the Rules").

(2.) The petitioner has filed the present petition impugning the order dated 27.09.2016 passed by the Director of Airworthiness from the Office of the Director General of Civil Aviation (hereafter "DGCA"). In terms of the said order, the petitioner's AME Licence was suspended for a period of five years and his acceptance to hold the post of Base Maintenance Manager was withdrawn. The petitioner's appeal under Rule 3B of the Rules, to the Secretary, Civil Aviation, Government of India, against the order dated 27.09.2016, was rejected by an order dated 25.10.2017, which is also impugned in the present petition.

(3.) The petitioner was posted with M/s Indamer, Helicopter Division Mumbai at the material time. It is stated that an anonymous report was received by the Director General of Civil Aviation with regard to certain irregularities in the certification of the maintenance work by the certifying staff of M/s Indamer, Helicopter Limited. Consequently, an inspection was carried out by the representatives of DGCA at the Helicopter Division of the M/s Indamer at Mumbai between 19.05.2016 and 20.05.2016 during which the maintenance records, stores records and other records were examined by the representatives of the DGCA.