8 hours ago
1
In a alleviation to a 61-year-old pilot, the Bombay High Court has quashed a 2011 DGCA bid suspending his licence, noting the bid was “illegal and unsustainable” arsenic it violated the principles of earthy justness by not granting him a hearing.
The Directorate General of Civil Aviation (DGCA), connected March 12, 2011, suspended Jeetendra Krishna Varma’s Airline Transport Pilot License (ATPL), considered the highest level of aviator licence, aft an FIR was lodged against him successful Delhi for allegedly procuring the licence based connected forged documents.
Varma, past aged 46, moved the High Court, challenging the DGCA’s bid suspending his licence nether provisions of the Aircraft Rules.
A Bench of Justices Manish Pitale and Shreeram Shirsat, successful the judgement passed connected Monday (June 8, 2026), said the DGCA’s licensing authorization neither issued a show-cause announcement to Varma nor granted him a proceeding successful idiosyncratic earlier taking the determination to suspend his licence.
“We consciousness that decidedly prejudice has been caused to the petitioner (Varma) arsenic helium could not constituent retired his broadside of the communicative and therefore, we deem it acceptable to acceptable speech the bid (suspension of licence) and remit the substance backmost to the responsive (DGCA) to springiness an accidental to the petitioner, which volition beryllium successful consonance with the principles of earthy justice,” High Court said.
The Bench besides noted that though the FIR was lodged successful 2011 and a chargesheet was besides filed, nary complaint has been framed against Varma to date.
“The bid (suspension of licence) deserves to beryllium quashed and acceptable aside, arsenic it is amerciable and unsustainable. The ATPL licence which was issued to the petitioner is restored,” the Court said, adding the DGCA was astatine liberty to initiate an inquiry, springiness an accidental to the petitioner and thereafter walk a reasoned order.
The craft rules intelligibly envisage that earlier a idiosyncratic is disqualified from holding oregon obtaining a licence, an accidental of being heard has to beryllium given. The authorization has to assistance a proceeding to the idiosyncratic and past walk a reasoned bid arsenic to wherefore it feels that the licence should beryllium suspended oregon cancelled, the High Court said.
“Adopting specified a process volition beryllium successful consonance with the principles of earthy justice. In the contiguous case, determination is simply a implicit infraction of the rules,” the Court noted.
As per Varma’s plea, helium was issued a Commercial Pilot License successful December 1988, which was renewed periodically. He was employed with Air India, wherever helium operated flights regularly.
In 2010, the petitioner became eligible for issuance of an Airline Transport Pilot License (ATPL), considered the highest level of aviator licence. He appeared for the requisite trial and was issued the licence.
In March 2011, a ailment was filed successful Delhi alleging that Varma obtained the ATPL based connected forged documents. He was arrested and released connected bail the aforesaid month. After registration of the FIR, the DGCA suspended his licence.
The DGCA contended that Varma had obtained the ATPL based connected forged documents, and hence, successful the involvement of nationalist safety, the licence was suspended.
Varma, successful his plea, said helium was neither issued a show-cause announcement nor granted an accidental to enactment distant his lawsuit earlier the DGCA decided to suspend his licence. This was contrary to the rules, helium claimed.
After his licence was suspended, helium was terminated from his job, Varma said. He had filed a petition successful HC challenging the termination order. In February 2019, the precocious tribunal acceptable speech the termination.
