MUMBAI: The Bombay High Court has quashed a 2011 order of the Directorate General of Civil Aviation (DGCA) suspending a 61-year-old pilot’s Airline Transport Pilot Licence, holding that the action was “illegal and unsustainable” as it violated the principles of natural justice by denying him a hearing.
The DGCA had, on 12 March 2011, suspended Jeetendra Krishna Varma’s Airline Transport Pilot Licence, the highest category of pilot certification, after an FIR was lodged in Delhi alleging that he had obtained the licence using forged documents.
Varma, then 46, challenged the suspension before the High Court, arguing that it was passed without a show-cause notice or an opportunity to be heard, contrary to the Aircraft Rules.
A bench of Justices Manish Pitale and Shreeram Shirsat observed that the licensing authority neither issued a show-cause notice nor granted Varma a personal hearing before taking the decision.
The court noted that “definitely prejudice has been caused” as the petitioner was not given an opportunity to present his case, and therefore set aside the suspension order. It directed that the matter be remitted to the DGCA for reconsideration after granting him a proper hearing, in line with the principles of natural justice.
The bench also pointed out that although the FIR was registered in 2011 and a chargesheet filed, no charges have yet been framed against Varma.
Holding the suspension “illegal and unsustainable”, the court restored his Airline Transport Pilot Licence, while clarifying that the DGCA is at liberty to conduct a fresh inquiry and pass a reasoned order after due process.
The court emphasised that the Aircraft Rules require that any disqualification from holding or obtaining a licence must follow a fair procedure, including an opportunity of hearing and a speaking order.
In this case, the bench said, there was a clear breach of those requirements.
According to Varma’s plea, he had held a Commercial Pilot Licence since 1988, which was renewed periodically, and was employed with Air India, where he regularly operated flights.
He became eligible for the Airline Transport Pilot Licence in 2010, cleared the necessary examination, and was subsequently issued the licence.
In March 2011, an FIR was filed alleging that he had secured the licence using forged documents. He was arrested the same month and later released on bail.
Following the FIR, the DGCA suspended his licence, citing concerns over public safety. Varma, however, contended that no opportunity of hearing was granted before the decision, leading to his termination from service.
He had earlier challenged his dismissal, and in February 2019 the High Court set aside the termination order.
(With inputs from PTI)