TEJINDER SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner got his private Pilot's Licence, No. 3651 on January 22,1986, from the Director General, Civil Aviation, (hereinafter called the DGCA) and simultaneously continued his studies for obtaining a Commercial Pilot's Licence. The said licence was withdrawn by the DGCA in December, 1986, vide Annexure-P.1. It is this order which has been, challenged by the petitioner in this writ petition. According to the said order, the petitioner has been debarred to hold the licence under sub-rule (2) of Rule 39-A of the Aircraft Rules, 1937, (hereinafter called the Rules). It provides:- "The Central Government may debar a person permanently or temporarily from holding any licence mentioned in Rule 38 if in its opinion it is necessary to do so in public interest."

(2.) The learned counsel for the petitioner submitted that S.6 of the Aircraft Act, 1934, (hereinafter called the Act), authorises the Central Government to make orders in emergency. According to the learned counsel, if the Central Government is of the opinion, that in the interest of the public safety or tranquillity the issue of all or any of the orders enumerated therein is expedient, it may by notification in the official Gazette, make such order or orders. Thus, according to the learned counsel under S.6(1)(a) only a licence could be cancelled in the interest of public safety or tranquillity whereas under the above said rule, the licence could, be cancelled in public interest, which according to the learned counsel, was ultra vires the Act itself. I do not find any force in this contention.

(3.) Section 6 of the Act does not give powers to the Central Government to make rules. It only provides for the powers of the Central Government to make orders in emergency. The power of the Central Government to make the rules is provided under S.5 of the Act, which reads as under:- "1) The Central Government may, by notification in the Official Gazette make rules regulating the manufacture, possession, use, operation, sale, import or export of any aircraft or class of aircraft and for securing the safety of aircraft operations. 2) Without prejudice to the generality of the foregoing power, such rules may provide for,- (a) to (f) (g) the licensing of persons employed in the operation, manufacture, repair or maintenance of aircraft; (h) to (rr) Consequently, the Rules, known as the Aircraft Rules, 1937 have been framed. It has been stated therein inter alia that in exercise of the powers conferred by Ss.5 and 7 and sub-section (2) of S.8 of the Aircraft Act, 1934, (XXII of 1934) and S.4 of the Indian Telegraph Act, 1855 (XXII of 1885), the Central Government is pleased to make the (said Rules.