LAWS(ALL)-2016-1-308

WING COMMANDER RAJESH NAGAR Vs. UNION OF INDIA

Decided On January 11, 2016
Wing Commander Rajesh Nagar Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) Heard Sri Dineysh Agrawal, learned counsel for the petitioner, and Sri Anand Dwivedi for the Union of India.

(2.) This writ petition has been filed praying for quashing of the order dated 29.1.2015, Annexure 12 to the writ petition, which according to the petitioner is an order in appeal in the purported exercise of powers of Rule 3-B of the Aircraft Rules, 1937.

(3.) The background in which the aforesaid appeal is stated to have been filed is an accident of an Aircraft maintained by the Government of U.P. of which the petitioner was admittedly the pilot. It appears that the power to investigate an accident relating to an aircraft being flown is provided for under the Aircraft Act, 1934 read with the Aircraft Rules, 1937. The inquiry was conducted with regard to an accident dated 22.9.2012. A report was submitted in this regard, copy whereof has been filed as Annexure 2 to the writ petition.